Created by Fuzzy Cloud

Patna High Court

Kundan Chaudhary @ Nandan ChaudharyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court declined to grant bail, holding that the seriousness of the offences and the circumstances of the seizure preclude the petitioner’s release.

Summary

Kundan Chaudhary was arrested in February 2024 and charged under Sections 25(1‑b)(a), 26 and 35 of the Arms Act after a police raid on a boys’ hostel recovered a carbine from a co‑accused and a pistol from the petitioner, both found in the same room. The petitioner, already in custody, filed a regular bail application, arguing that the pistol recovered from him warranted bail. The court noted that the firearm was recovered from the same premises as the carbine, the petitioner faces seven additional serious cases, and the trial had already commenced. Considering the gravity of the offences and the risk of tampering with evidence, the court refused bail, upheld its earlier order, and directed the trial to be expedited. The order was communicated to the trial court and the senior superintendent of police for compliance.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Arms Act given the recovery of a firearm from his possession and the existence of multiple serious pending cases.

Legislation cited

Subjects

  • bail
  • Arms Act
  • possession of firearm
  • criminal trial
  • multiple charges
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87607 of 2025
                   Arising Out of PS. Case No.-56 Year-2024 Thana- SHRIKRISHNAPURI District- Patna
                 ======================================================
                 Kundan Chaudhary @ Nandan Chaudhary S/O Subelal Chaudhary @ Sube
                 Lal Chaudhary R/O Vill.- Dumrawan, P.s.- Ashtawan, District -Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kumari Sujata Sinha, Adv
                 For the Opposite Party/s :      Mr.Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Shree Krishanpuri

                   P.S.Case No. 56 of 2024 registered for the offence punishable

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

                                3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 07.05.2025 passed in Cr. Misc.

                   No.28392 of 2025, which reads as under:-

                                                            Heard the learned counsel for
                                              the petitioner and learned APP for the
                                              State, Sri Jharkhandi Upadhyay.
                                                         2. The petitioner, who is in
                                              custody since 24.02.2024, seeks regular
                                              bail in connection with S.K.Puri P.S. Case
                                              No. 56 of 2024 registered for the offence
                                              under Sections 25(1-B)a, 25 and 35 of the
Patna High Court CR. MISC. No.87607 of 2025(2) dt.11-02-2026
                                            2/3




                                     Arms Act.
                                                 3. The Police raided a boys
                                     hostel in Patna and recovered one
                                     Carbine, pistols etc., from the accused
                                     persons.The carbine has been recovered
                                     from the co-accused and a pistol has been
                                     recovered from the petitioner. They were
                                     found in the same room.
                                                 4. Learned counsel for the
                                     petitioner has argued that since a pistol
                                     has been recovered from the petitioner
                                     therefore the petitioner deserves bail.
                                     When carbine and pistol have been
                                     recovered from the same room and both
                                     the criminals were found in the same
                                     room, the petitioner cannot escape the
                                     liability of having been in possession of the
                                     carbine.
                                                 6. The petitioner is accused in
                                     seven more cases of similar and serious
                                     nature.
                                                 7. Considering the aforesaid
                                     facts and circumstances I am not inclined
                                     to grant bail to the petitioner. Accordingly,
                                     this application for regular bail is hereby
                                     rejected.
                                                 8. The Court below is directed to
                                     expedite the trial.
                                                 9. The Senior Superintendent of
                                     Police, Patna is directed to ensure that the
                                     trial is concluded at the earliest.
                                                 10. Let a copy of this order be
                                     communicated to the Principal District
                                     and Sessions Judge, Patna as well as to
                                     the Senior Superintendent of Police, Patna
                                     through FAX for its compliance forthwith”

                            4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.87607 of 2025(2) dt.11-02-2026
                                                        3/3




                      the charge has been framed.

                                  5. Considering the gravity of the offence and the fact

                      that the trial has started, I am not inclined to review my earlier

                      order.

                                  6. Accordingly, the application stands dismissed.



                                                 (Sandeep Kumar, J)
N.K/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.