Patna High Court
Ramdhar Choudhary @ Ramadhar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 396
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
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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
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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
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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
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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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