Patna High Court
Vikram Chaodhary @ Vikram ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to specified monetary and procedural conditions.
Summary
The petitioner, Vikram Chaudhary, sought anticipatory bail in a case (Atri PS Case No. 324 of 2025) filed under Section 25(9) of the Arms Act after a viral video allegedly showed a boy brandishing a pistol supplied by the petitioner. The prosecution relied on the statement of the arrested boy, Sonu Pal, who named the petitioner as the source of the weapon. The petitioner contended that he does not appear in the video and challenged the basis of the accusation, also offering to contribute Rs.5,000 to the Chief Minister's Relief Fund. The court examined whether anticipatory bail under Section 438(2) of the Criminal Procedure Code could be granted despite the pending FIR and the nature of the offence. Considering the submissions and the lack of direct evidence, the court granted anticipatory bail subject to a cash bail of Rs.10,000, two sureties, and several conditions including regular court appearances, police attendance, and a contribution to the relief fund. The order also imposed standard prohibitions against tampering with evidence or influencing witnesses.
Issues considered
- Whether anticipatory bail can be granted under Section 438(2) CrPC in a case instituted under Section 25(9) of the Arms Act based solely on a statement in the FIR.
- Whether the petitioner’s alleged involvement, inferred from the accused’s statement, justifies denial of bail.
- Whether imposing a contribution to the Chief Minister's Relief Fund as a condition of bail is permissible.
Legislation cited
- Arms Act — s. 25(9)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Arms Act
- Section 25(9)
- Criminal Procedure Code
- Section 438(2)
- bail conditions
- video evidence
- relief fund contribution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90076 of 2025
Arising Out of PS. Case No.-324 Year-2025 Thana- ATRI District- Gaya
======================================================
Vikram Chaodhary @ Vikram Chaudhary Son of Kailash Chaodhary @
Kailash Chaudhary @ Kailash Chaudhry Resident of Village - Bhorey Mansa,
P.S.- Muffasil, District - Gaya Jee.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioner is apprehending arrest in
connection with Atri P.S. Case No. 324 of 2025 instituted
under Section 25(9) of Arms Act lodged on 04.08.2025 by
the informant, Sanjay Kumar.
3. As per the prosecution story, the informant
alleged that in a viral video, a boy was cutting cake with
country made pistol in his hand. He was Sonu Pal, arrested
and gave the name of this petitioner who provided him the
pistol. This led to the FIR.
4. Learned counsel for the petitioner submits that
in the video, he is not there, only on the basis of statement,
Patna High Court CR. MISC. No.90076 of 2025(2) dt.15-01-2026
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implicated. Last submission is that irrespective of the
outcome of the present case and/or accepting the allegation,
the petitioner intends to contribute Rs.5000/- to the Chief
Minister's Relief Fund through Demand Draft issued by the
local branch of the State Bank of India/Any Nationalized
Bank.
5. Mr. Jitendra Kumar Singh, learned APP opposes
the prayer submitting that the person arrested has named him.
6. Taking into account the submissions of the
parties as also that Sonu Pal has been found to be flashing the
pistol, this petitioner’s name has been cropped up on the basis
of statement, FIR is there, he shall be facing the trial, in that
background, this Court is inclined to extend him the privilege
of anticipatory bail subject to payment of Rs.5000/- to the
Chief Minister's Relief Fund through Demand Draft issued
by the local branch of the State Bank of India/Any
Nationalized Bank.
7. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each in connection with Atri
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P.S. Case No. 324 of 2025 to the satisfaction of learned
Additional Chief Judicial Magistrate-IVth, Gayajee subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Adhar Card/Voter ID/Driving License/ Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the
concerned police station every fortnight for next six months
to mark his attendance and at the end of the period a
certificate be submitted before the Trial Court failing which
the State shall be at liberty to take steps for cancellation of
bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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