Patna High Court
Raja @ Subhash Kumar Choudhary @ Subash Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail may be granted to the petitioners subject to a cash bond, sureties and strict conditions of appearance.
Summary
The High Court heard bail applications of two accused, Raja Subhash Kumar Choudhary and Omkar Kumar Rajak, who were charged under Sections 25(1‑B)A, 26 and 35 of the Arms Act for allegedly snatching a mobile phone, cash and a Toto vehicle at point of weapons. The FIR originally named unknown passengers, but the petitioners were later identified through a confessional statement of another accused and a Test Identification Parade. Both petitioners had been in custody since mid‑September 2025; Raja had no prior record while Omkar had an existing case for which he was on bail. The State opposed bail on the ground of identification, but the court noted the lack of any recovery, the prolonged detention, and the petitioners’ willingness to cooperate. Consequently, the court ordered bail on a cash bond of Rs 10,000 each with two sureties, imposing conditions of family‑member bailor, mandatory appearance, and cancellation if they abscond or are involved in similar offences.
Issues considered
- Whether bail should be granted to accused charged under the Arms Act (Sections 25(1‑B)A, 26, 35) despite identification in a Test Identification Parade.
- Whether the petitioners’ period of custody and lack of recovery justify bail.
- Whether a prior criminal antecedent of one petitioner affects the grant of bail.
Legislation cited
- Arms Act — s. 25(1‑B)A, 26, 35
- Bihar Narcotic Substances Act — s. 309(6)
Subjects
- bail
- Arms Act
- identification parade
- custody
- criminal antecedent
- conditions of bail
- theft
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.492 of 2026
Arising Out of PS. Case No.-415 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
Raja @ Subhash Kumar Choudhary @ Subash Kumar Choudhary Son of
Bijay Kumar Choudhary Resident of - Bari Masdi Ward No.- 05, P.S.-
Sultanganj, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 6213 of 2026
Arising Out of PS. Case No.-415 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
Omkar Kumar Rajak @ Omkar Kumar @ Rajak @ Kali son of Dheeraj
Kumar Rajak @ Dhiraj Kumar Rajak Village -Kumhar Toli, Ward No 17, Ps-
Sultanganj, District -Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 492 of 2026)
For the Petitioner/s : Mr.Ranjan Kumar Jha
For the Opposite Party/s : Mr.Rajiv Nayan
(In CRIMINAL MISCELLANEOUS No. 6213 of 2026)
For the Petitioner/s : Mr.Ankit Raj
For the Opposite Party/s : Mr.Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 25-02-2026 As both these bail applications arise out of the same
police station case number, hence, with consent of parties, they
are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail in a case registered for the
offence punishable under Section 309(6) of the B.N.S. but later
Patna High Court CR. MISC. No.492 of 2026(3) dt.25-02-2026
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on charge-sheet has been submitted under Section 25(1-
B)A/26/35 of the Arms Act.
4. Petitioners are said to have snatched away a mobile
phone, cash and Toto vehicle of the brother of the informant on
the point of weapons.
5. Learned counsel for the petitioners have submitted
that the First Information Report was lodged against three
unknown passengers who had booked the Toto of the
informant’s brother and they had snatched the Toto vehicle
along with mobile and cash on the point of weapons. It is further
submitted that the name of the petitioners subsequently
transpired during the course of investigation in the confessional
statement of one of the apprehended accused Dev Thakur @
Kallu. Further, the petitioners are in custody since 14.09.2025
and 13.09.2025 and while petitioner Raja has no criminal
antecedent, petitioner Omkar Kumar Rajak has one criminal
antecedent in which he is on bail. Charge-sheet has already been
submitted and cognizance has been taken.
6. Learned APP for the State has opposed the
application for bail on the ground that the petitioners have been
identified in the Test Identification Parade.
7. Taking into consideration the facts and
Patna High Court CR. MISC. No.492 of 2026(3) dt.25-02-2026
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circumstances and also considering the fact that no recovery as
such, has been made from these petitioners and they have
remained in custody since 14.09.2025 and 13.09.2025 and
undertake to cooperate in the trial, let the above named
petitioners, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned court
below where the case is pending/successor court in connection
with Sultanganj P.S. Case No. 415 of 2025, subject to the
conditions that:
(I) One of the bailors will be a family
member/close relative.
(II) The petitioners shall appear on each and every
date till conclusion of trial and if the petitioners do not appear
on two consecutive dates without any substantial and
satisfactory reason, the learned court below would be at liberty
to cancel their bail bonds.
(III) In case the petitioners are found to be
involved in any other case of similar nature, the bail granted in
the present case shall also stand cancelled.
(Soni Shrivastava, J)
devendra/-
U T
Patna High Court CR. MISC. No.492 of 2026(3) dt.25-02-2026
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