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Patna High Court

Raman chaudhary @ Bablu @ Raman ChaudhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant regular bail, holding that the seriousness of the offences and the petitioners' criminal antecedents preclude bail.

Summary

The petitioners, Suman Chaudhary and Raman Chaudhary, applied for regular bail in a case involving multiple offences under the B.N.S. and the Arms Act. The prosecution alleged that during the Holi festival the petitioners opened fire on an informant, causing injury, and subsequently assaulted the informant’s brother with an iron rod. The court examined the seriousness of the offences, the violent nature of the incident, and the petitioners’ prior criminal records. Concluding that the gravity of the crimes and the antecedents outweighed any bail considerations, the court denied the bail applications. The court also directed the trial court to expedite the trial, noting that the petitioners had been in custody since 2 June 2025.

Issues considered

  • Whether regular bail should be granted to the accused persons charged with offences under Sections 126(2), 115(2), 109(1), 352, 351(3), 3(5) of the B.N.S. and Section 27 of the Arms Act.
  • Whether the nature, gravity of the alleged offences and the petitioners' criminal antecedents justify denial 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
  • criminal antecedents
  • arms act
  • violent offence
  • high court
  • trial expedite

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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