Patna High Court
Shrawan Kumar Chaudhary @ Gorakh Chaudhary @ Shrawan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court upheld its earlier decision and denied regular bail to the petitioner.
Summary
The petitioner, Shrawan Kumar Chaudhary, was arrested on 23 October 2024 with three rifles and 102 cartridges and charged under Sections 337, 338, 340(2), 111, 3(5) of the B.N.S. 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act. He applied for regular bail, which was previously rejected by the Patna High Court on 19 February 2025, citing the seriousness of the allegations and his continued custody. The petitioner filed a second bail application, arguing that the trial had commenced and seeking relief. The Court, after hearing counsel, noted the gravity of the offences, the fact that the trial was already underway, and found no justification to overturn its earlier order. Consequently, the bail application was dismissed and the trial was directed to be expedited.
Issues considered
- The petitioner is entitled to regular bail despite the seriousness of the offences.
- Whether the commencement of trial and the nature of the charges justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- B.N.S., 2023 — s. 111, 337, 338, 340(2), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- serious offences
- trial expeditious
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43122 of 2025
Arising Out of PS. Case No.-983 Year-2024 Thana- BIHTA District- Patna
======================================================
Shrawan Kumar Chaudhary @ Gorakh Chaudhary @ Shrawan Chaudhary
S/O Late Chandrika Chaudhary Resident Of Village- Raunja, PS- Nagar
Thana, Ara, Distt- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Sahi, Sr. Advocate
Mr. Arvind Prasad Singh, Advocate
For the State : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-02-2026 Heard learned senior counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the petitioner for
grant of bail in connection with S.T. No. 1075 of 2025 arising out of
Bihta P.S. Case No. 983 of 2024 registered for the offence under
Sections 337, 338, 340(2), 111, 3(5) of the BNS and 25(1-b)a, 26, 35
of the Arms Act.
3. Earlier, the bail application of the petitioner has been
rejected by this Court vide order dated 19.02.2025 passed in Cr.
Misc. No. 9202 of 2025, which reads as under:
“Heard learned counsel for the parties.
2. This application for grant of regular bail
arises out of Bihta P.S. Case No.983 of 2024 registered
for the offence punishable under sections 337, 338,
340(2), 111, 3(5) of the B.N.S. 2023 and under section
25(1-b)a, 26 and 35 of the Arms Act.
3. The petitioner has been caught with three
Patna High Court CR. MISC. No.43122 of 2025(5) dt.10-02-2026
2/2
rifles and 102 cartridges. He is in custody since
23.10.2024.
4. Considering the nature of allegation
levelled against the petitioner, I am not inclined to
grant the petitioner privilege of regular bail.
Accordingly, this bail application is rejected.”
4. In the trial, the charge has been framed.
5. Considering the gravity of the offence and also the fact
that the trial has started, I am not inclined to review my earlier order.
6. Accordingly, this application is dismissed.
7. The learned trial Judge is directed to expedite the trial.
8. The Superintendent of Police, West, Patna is directed to
ensure the appearance of the witnesses in the trial so that the trial is
not delayed.
9. Let a copy of this order be communicated to the
Principal District Judge, Patna and the S.S.P., Patna forthwith
through FAX or e-mail for its compliance.
10. If the trial is delayed by the prosecution, the petitioner
has liberty to move before this Court.
(Sandeep Kumar, J)
priyanka/-
U T
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