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Patna High Court

Binod chaudharyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for regular bail is dismissed.

Summary

Binod Chaudhary applied for regular bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, alleging that he shot the victim and caused grievous injury to the victim's right leg. The prosecution contended that the petitioner was responsible for the shooting, while the petitioner’s counsel maintained his innocence and argued for bail after more than four months of custody. The court examined the seriousness of the alleged offence, particularly the use of a firearm and the resulting grievous injury. Considering these facts, the judge was not persuaded to grant bail. Consequently, the application for regular bail was dismissed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite alleged shooting causing grievous injury under the Bharatiya Nyaya Sanhita and the Arms Act

Legislation cited

Subjects

  • bail
  • criminal procedure
  • firearms
  • grievous injury
  • Bharatiya Nyaya Sanhita
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8252 of 2026
                    Arising Out of PS. Case No.-578 Year-2024 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Binod chaudhary Son of Jagan Chaudhary R/o Village-Laxmanpur, P.S.-
                 Bakhtiyarpur, District-Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   30-03-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Bakhtiyarpur P.S. Case No. 578 of 2024 registered for the

                   offence under Sections 191(1), 191(2), 191(3), 126(2), 115(2),

                   109, 352, 351(2), 351(3), of the Bharatiya Nyaya Sanhita, 2023

                   and Section 27 of the Arms Act.

                                3. As per the prosecution case, the petitioner is

                   accused of having shot at the victim which caused grievous

                   injury in his right leg.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence. He is

                   in custody since 01.11.2025.

                                5. Learned A.P.P. has vehemently opposed the prayer
            Patna High Court CR. MISC. No.8252 of 2026(3) dt.30-03-2026
                                                        2/2




                      for bail.

                                   6. Considering the fact that the petitioner has shot at

                      the victim and injured him with a fire arm, I am not inclined to

                      grant bail to the petitioner for the present.

                                   7. Accordingly, this application for regular bail is

                      dismissed.



                                                 (Sandeep Kumar, J)
khushbu/-

U      T


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