Patna High Court
Rakesh ChowdharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner on the condition of furnishing a cash bond and sureties.
Summary
The petitioner, Rakesh Chowdhary, was arrested in connection with a case alleging assault, robbery, and illegal possession of arms under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that six accused, including the petitioner, attacked an informant, seized his phone, and fired at him on 19 March 2025. The petitioner, who had been in custody since 6 June 2025 and has seven prior criminal records, claimed he was falsely implicated and that the FIR did not specifically name him. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedents. The court, noting the lack of a specific allegation against the petitioner, the simple nature of the injury, and the period of custody, decided to grant bail subject to a cash bond and sureties, with conditions for appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite multiple serious charges under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the petitioner’s prior criminal antecedents preclude bail
- Whether the FIR specifically implicates the petitioner
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 127(2), 190, 191(2), 191(3)
Subjects
- bail
- criminal procedure
- false implication
- antecedents
- Arms Act
- Bharatiya Nyaya Sanhita
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80700 of 2025
Arising Out of PS. Case No.-49 Year-2025 Thana- Babarganj District- Bhagalpur
======================================================
Rakesh Chowdhary S/o Late Ganesh Chowdhary Resident of - Kutubganj,
Safrullachak, P.S - Babarganj, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritik Shah, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Babarganj P.S. Case No. 49 of 2025 instituted for the offence
under Sections 126(2), 127(2), 115(2), 109, 190, 191(2), 191(3)
of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the
Arms Act.
3. The prosecution case, in short, is that on
19.03.2025, while returning after not finding his friend
Shubham Sonar at home, informant was stopped by six accused
persons who inquired about his friend and then assaulted him,
snatched his mobile phone, and resorted to firing, from which he
narrowly escaped.
Patna High Court CR. MISC. No.80700 of 2025(4) dt.13-01-2026
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4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 06.06.2025. Petitioner
bears seven criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Learned counsel for the petitioner submits that from
perusal of the FIR, it would manifest that there is no specific
allegation against the petitioner. So far as injury of the injured
person is concerned, the same is found to be simple in nature.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and there being
no specific allegation against the petitioner, this Court is
inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Babarganj P.S. Case No. 49 of 2025, subject
to the following conditions:
Patna High Court CR. MISC. No.80700 of 2025(4) dt.13-01-2026
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(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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