Patna High Court
Sudarshan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
In the absence of a specific allegation of an overt act by the petitioner and given the general and omnibus nature of the accusation, bail may be granted despite the seriousness of the offences.
Summary
The petitioner, Sudarshan Chaudhary, was charged under IPC sections 302 and 34 and Arms Act section 27 for allegedly instigating co-accused to fire at a victim, resulting in death. The prosecution alleged only that the co-accused committed the shooting, with no specific overt act attributed to the petitioner. The petitioner, in custody since 27‑09‑2025, pleaded innocence and sought bail, arguing the charge against him was merely an allegation of instigation. The State opposed the bail application. The Court observed that the accusation against the petitioner was general and omnibus, lacking a specific allegation of an overt act, and considered the length of custody, and therefore allowed the bail. The petitioner was released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to a person accused only of instigating the commission of murder under IPC 302, 34 and Arms Act 27 without a specific allegation of an overt act.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- instigation
- murder
- IPC 302
- IPC 34
- Arms Act 27
- criminal procedure
- general accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5067 of 2026
Arising Out of PS. Case No.-196 Year-2012 Thana- CHARPOKHARI District- Bhojpur
======================================================
Sudarshan Chaudhary Son of Late Ramanand Chaudhary Resident of Mathiya
Tola Dih, P.S.- Aayar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Prabhat Kumar Singh, Advocate
Ms. Priya, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard Mr. Prabhat Kumar Singh, learned counsel for
the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the
State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 302 and 34 of the Indian
Penal Code and Sections 27 of the Arms Act.
3. As per prosecution case, it is alleged that on the
instigation of this petitioner, co-accused Dudhnath Choudhary
and Budhan Choudhary shot brother of informant due to which
he died on the spot.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence. From
Patna High Court CR. MISC. No.5067 of 2026(2) dt.16-02-2026
2/2
bare perusal of the F.I.R. it is apparent that specific accusation
of firing is against co-accused Dudhnath Choudhary and
Budhan Choudhary. So far as this petitioner is concerned, he is
only alleged to have instigated co-accused Dudhnath Choudhary
and Budhan Choudhary to fire and no specific accusation of
overt act has been alleged against this petitioner. Moreover,
charge-sheet has already been submitted and petitioner is in
custody since 27.09.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and period of
custody, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara
in connection with Charpokhari P.S. Case No. 196 of 2012.
(Prabhat Kumar Singh, J)
shashank/-
U T
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