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Patna High Court

Ramdhar Choudhary @ Ramadhar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to bail subject to specified conditions.

Summary

Ramdhar and Upendra Choudhary were arrested in connection with a 2019 murder case (IPC s.396) and offences under the Arms Act (ss.25(1‑b)a, 26, 35). They have been in custody since August 2025 and filed a bail petition, claiming they were not named in the FIR and were implicated only through confessional statements of co‑accused such as Sitabi Paswan, Kamlesh Singh and Ssurendra Yadav. The State opposed bail, noting the petitioners have eight other pending cases, though they are on bail in those matters. The Court observed that the co‑accused who confessed to the crime had already been granted bail by this Court, and therefore found no reason to deny bail to the petitioners. Consequently, the Court ordered bail on a Rs.10,000 bond with two sureties each, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioners charged with murder and arms offences.
  • Whether the fact that co‑accused who confessed have been granted bail influences the petitioners' bail eligibility.
  • Whether the petitioners' other pending criminal cases affect the grant of bail.
  • Whether the lack of direct naming in the FIR and reliance on confessional statements of co‑accused precludes bail.

Legislation cited

Subjects

  • bail
  • murder
  • arms act
  • false implication
  • confessional statements
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81877 of 2025
                      Arising Out of PS. Case No.-119 Year-2019 Thana- BARACHATTI District- Gaya
                 ======================================================
           1.     Ramdhar Choudhary @ Ramadhar Chaudhary S/o Late Sagar Choudhary
                  R/o Village- Lembua (Bahera), PS- Amas, Distt- Gaya
           2.    Upendra Choudhary S/o Late Rambachan Choudhary @ Shadhu Chaudhary
                 R/o Village- Lembua (Bahera), PS- Amas, Distt- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ashok Singh, Advocate
                 For the State           :        Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   31-01-2026                      Heard Mr. Ashok Singh, learned counsel for the

                   petitioners and Mr. Nand Kumar, learned APP for the State.

                                 2. Petitioners seek bail, who are in custody since

                   22.08.2025, in connection with Barachatti P.S. Case No. 119 of

                   2019, F.I.R. dated 14.03.2019                registered for the offences

                   punishable under Section 396 of the Indian Penal Code and

                   Section 25(1-b)a/26/35 of the Arms Act.

                                 3. The prosecution case, in brief, is that on 14.03.2019

                   when the informant was returning to his house, he heard the

                   sound of firing and rushed towards his house and found his

                   father lying on floor dead due to firearm injury.

                                 4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.81877 of 2025(3) dt.31-01-2026
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          petitioners are innocent and they have been falsely implicated in

          the present case. He further submits that the petitioners are not

          named in the F.I.R. and the name of the petitioners have been

          transpired on the basis of confessional statement of co-accused

          persons namely Sitabi Paswan and co-accused Sitabi Paswan in

          his confessional statement has stated that one Kamlesh Singh

          has fired upon the victim which was recorded by the police in

          paragraph-47 of the case diary and the statement of co-accused

          Kamlesh Singh has also recorded by the police in paragraph-21

          of the case diary in which he has stated that he has fired upon

          the victim and said Kamlesh Singh has been granted bail by a

          Coordinate Bench of this Court vide order dated 04.07.2025

          passed in Cr. Misc. No. 30531 of 2025 and another co-accused

          person namely Ssurendra Yadav has been granted bail by this

          Court vide order dated 19.03.2025 passed in Cr. Misc. No.

          16880 of 2025 respectively. He further submits that the police

          after investigation submitted chargesheet against the petitioners

          and the petitioners are in custody since 22.08.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioners and submits that the petitioners carry eight more

          cases other than the present one but fairly submits on the basis
Patna High Court CR. MISC. No.81877 of 2025(3) dt.31-01-2026
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          of paragraph-3 of the bail petition that the petitioners are on bail

          in the pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that the person who has confessed his guilt that he

          has fired upon the victim has been granted bail by a Coordinate

          Bench of this Court and co-accused person has been granted bail

          by this Court, let the petitioners, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of learned Additional District & Sessions Juge-1st,

          Sherghati, Gaya in connection with Barachatti P.S. Case No. 119

          of 2019, subject to the following conditions :-

                       (1) Petitioners shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on their absence on two consecutive dates without

          sufficient reason, their bail bonds shall be cancelled by the

          Court below.

                       (2) If the petitioners tamper with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) And, further condition that the court below shall
               Patna High Court CR. MISC. No.81877 of 2025(3) dt.31-01-2026
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                         verify the criminal antecedent of the petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners.            However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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