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Patna High Court

Vikram Chaodhary @ Vikram ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
Patna High Court CR. MISC. No.90076 of 2025(2) dt.15-01-2026
                                            3/4




          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;
             Patna High Court CR. MISC. No.90076 of 2025(2) dt.15-01-2026
                                                         4/4




                                    (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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