Patna High Court
Kundan Chaudhary @ Nandan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)(a), 26, 35
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
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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
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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
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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
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