Patna High Court
Rajesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Rajesh Chaudhary was arrested in connection with a case registered under Sections 109 and 3(5) of the BNS and Section 27 of the Arms Act for allegedly firing a gun that struck near the shoulder of an informant. The petitioner sought regular bail, arguing that the injury was only grievous, he had no intention to kill, there was no prior criminal record, and the parties had reached a compromise through well‑wishers. The State opposed the bail on the seriousness of the offences. The court examined the nature of the injury, the lack of intent to kill, the petitioner’s clean record and the compromise, and decided to grant regular bail. He was released on a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑VII, Vaishali.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 109 and 3(5) of the BNS and Section 27 of the Arms Act
- Whether the nature of the injury, lack of intent to kill, absence of prior record and compromise justify bail
Legislation cited
Subjects
- regular bail
- criminal procedure
- Arms Act
- intent to kill
- grievous injury
- compromise
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6926 of 2026
Arising Out of PS. Case No.-79 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Rajesh Chaudhary S/o Ram Bihari Chaudhary R/o Village - Hari Prasad
Bisanpur, P.S - Jandaha (Mahisaur), District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 109 & 3(5)
of the BNS and under Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner has fired a gunshot which has hit near the shoulder of
the informant.
4. Learned counsel for the petitioner submits that
from perusal of the order of the learned trial court it will
transpire that the nature of injury which has been received by
the informant is grievous. Learned counsel for the petitioner has
further submitted that the petitioner was not having any
intention to kill the informant and there is no repetition of
Patna High Court CR. MISC. No.6926 of 2026(2) dt.12-03-2026
2/2
gunshot. Learned counsel for the petitioner has further
submitted that the body party which has been injured also shows
the intention of the petitioner. It has further been submitted that
due to intervention of well-wishers, the parties have
compromised the case. Learned counsel for the petitioner has
further submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 17.09.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Jandaha P.S. Case No. 79 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M.-VII, Vaishali at Hajipur.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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