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Patna High Court

Suman Chaudhary @ ChhabbanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied regular bail to the petitioners, holding that the seriousness of the offences and their criminal antecedents warranted continued detention.

Summary

The petitioners, Suman Chaudhary and Raman Chaudhary, were charged with offences under Sections 126(2), 115(2), 109(1), 352, 351(3) and 3(5) of the B.N.S. and Section 27 of the Arms Act for allegedly opening fire during a Holi celebration and assaulting the victim’s brother with an iron rod. They applied for regular bail, arguing that they had been in custody since 2 June 2025. The prosecution contended that the offences were grave, involving the use of a firearm and violent assault, and that the petitioners had prior criminal antecedents. Justice Prabhat Kumar Singh, after hearing counsel, declined to grant bail, emphasizing the seriousness of the crimes and the petitioners’ criminal history. The court ordered the trial court to expedite the trial, but the bail application was rejected.

Issues considered

  • Whether the petitioners are entitled to regular bail in view of the nature and gravity of the offences alleged under the B.N.S. and the Arms Act
  • Whether the petitioners' prior criminal antecedents preclude the grant of bail

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 351(3), 352

Subjects

  • regular bail
  • firearms offence
  • assault
  • criminal antecedents
  • trial expedite
  • bail denial

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.82066 of 2025
                 Arising Out of PS. Case No.-34 Year-2025 Thana- VIDYAPATINAGAR District- Samastipur
                 ======================================================
                 Suman Chaudhary @ Chhabban, S/o- Late Om Prakash Choudhary, Village -
                 Sherpur , Police Station - Vidyapatinagar , District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                             CRIMINAL MISCELLANEOUS No. 82168 of 2025
                 Arising Out of PS. Case No.-34 Year-2025 Thana- VIDYAPATINAGAR District- Samastipur
                 ======================================================
                 Raman Chaudhary @ Bablu @ Raman Chaudhan S/o Chunmun Chaudhary
                 @ Pawan Chaudhary R/o village - Sherpur , Police station - Vidyapatinagar ,
                 District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 82066 of 2025)
                 For the Petitioner/s     : Mr. Mahendra Pratap, Advocate
                 For the Opposite Party/s : Mr. Madan Kumar, APP
                 (In CRIMINAL MISCELLANEOUS No. 82168 of 2025)
                 For the Petitioner/s     : Mr. Mahendra Pratap, Advocate
                 For the Opposite Party/s : Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   30-01-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                               2. The petitioners seek regular bail in a case registered

                   for the offences under Sections 126(2), 115(2), 109(1), 352,

                   351(3) and 3(5) of the B.N.S. and Section 27 of the Arms Act.

                               3. As per prosecution story, during Holi festival, when
            Patna High Court CR. MISC. No.82066 of 2025(3) dt.30-01-2026
                                                        2/2




                      the informant’s side were playing near the temple, in the

                      meantime, accused Suman Chaudhary and Raman Chaudhary

                      (petitioners) opened fire causing fire arm injury to the

                      informant. It is further alleged that this petitioner, on the

                      strength of pistol, dragged informant’s brother, namely Saket

                      Kumar, to the main road and assaulted on his head by means of

                      iron rod.

                                   4. Considering the nature and gravity of the offence

                      and the fact that the petitioners are one of the assailants of the

                      deceased having criminal antecedents, I am not inclined to grant

                      bail to the petitioners, and the same is accordingly rejected.

                                   5. However, since the petitioners are in custody since

                      02.06.2025, the trial Court is directed to expedite the trial.



                                            (Prabhat Kumar Singh, J)
khushbu/-

U      T


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