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Patna High Court

Subham Choudhary @ Shubham KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties, as the allegations were found to be general and not specific to him.

Summary

The petitioner, Subham Choudhary, was named among 21 accused in an FIR alleging indiscriminate firing that injured a child and a woman, with charges under Sections 191(2), 191(3), 190, 111(2), 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He filed a bail petition claiming innocence, asserting that the allegations against him were vague, general and omnibus, with no specific overt act attributed to him, and he has a clean antecedent. The State opposed the bail, relying on the seriousness of the offences. The Court examined the nature of the allegations and, noting the lack of specific incriminating material against the petitioner, applied Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties of equal amount, to be satisfied by the learned ACJM Purnea.

Issues considered

  • Whether bail can be granted when the allegations against the accused are general and omnibus without specific overt acts.
  • Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious nature of the offences.

Legislation cited

Subjects

  • bail
  • general allegation
  • omnibus accusation
  • criminal procedure
  • arms act
  • section 482
  • preliminary investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81529 of 2025
                         Arising Out of PS. Case No.-278 Year-2025 Thana- Marnga District- Purnia
                 ======================================================
                 Subham Choudhary @ Shubham Kumar Son of Dilip Choudhary @ Dilip
                 Kumar Yadav @ Dilip Kumar Choudhary Resident of Uphrail, P.S.- Maranga,
                 District- Purnea

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bijendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                        Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in case registered for

                   the offences punishable under Sections 191(2), 191(3), 190,

                   111(2), 109 of the Bharatiya Nyaya Sanhita and Section 27 of

                   the Arms Act.

                                3 . As per F.I.R., 21 named accused persons including

                   this petitioner, was indulged in indiscriminate firing, as a result

                   of which, one child and one lady sustained firearms injury .

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence . Allegation

                   against petitioner is general and omnibus. No specific allegation

                   of any overt act is alleged against this petitioner. Petitioner
            Patna High Court CR. MISC. No.81529 of 2025(2) dt.09-02-2026
                                                        2/2




                      claims clean antecedent.

                                    5 . Learned counsel for the State opposed the bail

                      petition .

                                   6.    Considering the aforesaid facts, general and

                      omnibus       allegation      against      this      petitioner   and   other

                      circumstances of the case , in the event of arrest or surrender

                      within eight weeks from today, let the petitioner, as named

                      above, be enlarged on bail on furnishing bail bond of

                      Rs.10,000/-(ten thousand) with two sureties of the like amount

                      each to the satisfaction of the learned ACJM Purnea in

                      connection with Maranga P.S. Case No. 278 of 2025 , subject

                      to the conditions laid down under section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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