Patna High Court
Subham Choudhary @ Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 111(2), 190, 191(2), 191(3)
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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