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Patna High Court

Arvind ChoudharyversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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