Patna High Court

Ajay Chouhan @ Golu Chouhan @ GoluversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, given the factual circumstances and the absence of specific incriminating material, the petitioner is entitled to bail.

Summary

The petitioner, Ajay Chouhan, was arrested in connection with a FIR alleging that ten accused, including him, indiscriminately fired weapons resulting in the death of the informant's son. The petitioner contended that he was innocent, pointing out that the post‑mortem report showed only a single firearm injury, thereby challenging the prosecution's claim of multiple firings. He also highlighted that a co‑accused, Vishal Sharma, had been granted bail in a similar case. The State opposed the bail application, but the court, considering the lack of specific allegations against the petitioner, the period of custody, and the evidentiary gaps, allowed the bail. The petitioner was released on a bail bond of Rs. 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite being charged under Sections 103(1), 61, 3(5) of the B.N.S. and Section 27 of the Arms Act.
Whether the prosecution has made a specific case against the petitioner sufficient to deny bail.

Legislation cited

Arms Act — s. 27
B.N.S. — s. 103(1), 3(5), 61

Subjects

bail
criminal procedure
Arms Act
B.N.S.
post‑mortem report
presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81670 of 2025
                       Arising Out of PS. Case No.-136 Year-2025 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Ajay Chouhan @ Golu Chouhan @ Golu S/O Manoj Chouhan Resident of
                 Village- Ziradeyi Mod, P.S- Ziradeyi, Distt.- Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mrs.Kumari Anupam, Adv.
                 For the State            :       Mr. Ajit Kumar, APP
                 For the Informant        :       Mr. Dhananjay Kumar Shahi, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   27-01-2026                        Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103(1), 61 and 3(5) of the

                   B.N.S. and Section 27 of the Arms Act.

                                3. As per prosecution case, all 10 F.I.R. named

                   accused persons, including this petitioner, along with 2 to 3

                   unknown persons, indiscriminately fired, as a result of which,

                   son of informant died.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has committed no offence. As
Patna High Court CR. MISC. No.81670 of 2025(3) dt.27-01-2026
                                             2/3




          per F.I.R., all 10 named accused persons, along with 2 to 3

          unknown persons, indiscriminately fired upon son of informant,

          however, as per post mortem report, only one fire arm injury

          was found on the body of the deceased, which itself falsifies the

          entire prosecution case. Allegation of firing is general and

          omnibus and no specific accusation of overt act has been alleged

          against this petitioner. Similarly situated co-accused Vishal

          Sharma has been granted bail by this Court, vide order dated

          08.12.2025 passed in Cr.Misc. No. 79042 of 2025. Moreover,

          charge-sheet has already been submitted and petitioner is in

          custody since 31.03.2025.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant have vehemently opposed

          the prayer for bail of petitioner.

                       6. In the facts and circumstances of the case as well as

          period of custody, the prayer for bail of petitioner is allowed.

          Accordingly, let the above named petitioner be released on bail

          on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Additional      District     and     Sessions        Judge-Vth,   Siwan   in

          connection with S.T. No. 485/2025, arising out of Mairwa P.S.
           Patna High Court CR. MISC. No.81670 of 2025(3) dt.27-01-2026
                                                       3/3




                     Case No. 136 of 2025.



                                                  (Prabhat Kumar Singh, J)
anay

U      T

Continue reading with your account

Checking your session…