Patna High Court
Arvind ChoudharyversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, directing release upon furnishing a bond and sureties.
Summary
Arvind Choudhary was charged with multiple offences under the IPC and the Arms Act for allegedly assaulting an informant and his father and firing five shots at the informant, who escaped uninjured. The petitioner sought regular bail after an anticipatory bail application was rejected, arguing lack of intent to kill and no injuries caused. The prosecution opposed bail, citing the seriousness of the offences alleged in the FIR. The court noted that charges had been framed, the case was still at the evidence stage with no witnesses examined, and no injury had resulted. Considering these circumstances, the court ordered the petitioner’s release on bail upon furnishing a bond and sureties.
Issues considered
- Whether bail should be granted in a case involving multiple serious offences including attempt to murder despite no injury being caused
- Whether the rejection of anticipatory bail can be revisited for regular bail
- Whether the stage of trial and framing of charges justify granting bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 279, 307, 323, 337, 338, 341, 386, 506
Subjects
- bail
- anticipatory bail
- IPC
- Arms Act
- attempt to murder
- criminal procedure
- Patna High Court
- Rohtas
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79226 of 2025
Arising Out of PS. Case No.-149 Year-2023 Thana- RAJPUR District- Rohtas
======================================================
Arvind Choudhary S/O Late Hansh Kumar @ Hansh Kumar Choudhary
Resident of village- Charpurawa, P.S.- Sanjhauli, District- Rohtas
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. D.K. Sinha, Sr. Advocate
: Mr. Alexander Ashok, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 27-02-2026 Heard learned Senior counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 341, 323, 337, 338, 279,
307 and 386/506 of the Indian Penal Code and Section 27 of
the Arms Act.
3. As per the prosecution case, the petitioner is
alleged to have assaulted the informant and his father. Further,
it has been alleged that the petitioner fired five shots at the
informant with pistol but the informant anyhow managed to
escape.
4. Learned Senior counsel for the petitioner
submits that the anticipatory bail of the petitioner was rejected
with the observation to surrender and seek regular bail in
Patna High Court CR. MISC. No.79226 of 2025(5) dt.27-02-2026
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accordance with law. The allegations in the First Information
Report itself indicates that an accident had taken place from the
car of the petitioner due to which some altercation took place
with the father of the informant, whereafter he is said to have
again came back and opened five rounds of firing on the
informant, however, he was saved. As such, it is submitted that
had the petitioner got any intention to kill the deceased, there is
no explanation as to how despite five rounds of firing, the
informant did not receive any injury. The petitioner is in
custody since 06.08.2025 with no criminal antecedent,
however, subsequently he was made accused in another case on
which is is on bail.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. A report had been called for with regard to the
stage of the case, which indicates that charges have already
been framed on 08.12.2025 and the case is still pending at the
stage of the evidence and no witness has been examined till
02.02.2026.
7. Taking into consideration the facts and
circumstances and considering that no injury has been caused to
Patna High Court CR. MISC. No.79226 of 2025(5) dt.27-02-2026
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anyone in the said case and charges have also been framed, let
the above named petitioner, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate, Bikramganj, Rohtas
/concerned Court below in connection with Rajpur P.S. Case
No. 149 of 2023.
(Soni Shrivastava, J)
anand/-
U T
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