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Patna High Court

Vijay Chaudhary @ Thangu ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Vijay Chaudhary was arrested in connection with a case registered under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. He contended that the FIR specifically implicated co‑accused Dudhnath and Budhan Choudhary for the alleged firing, and that no distinct role was ascribed to him. The petitioner highlighted his clean antecedent and that he had been in custody since 28‑08‑2025, with a chargesheet already filed. The State opposed the bail application. Considering the period of custody, the petitioner’s clean record, and the lack of specific incriminating material against him, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to an accused in a murder and arms case where the FIR does not specifically attribute the alleged act to him.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • arms offence
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91634 of 2025
                   Arising Out of PS. Case No.-196 Year-2012 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
                 Vijay Chaudhary @ Thangu Chaudhary S/O Vikrama Chaudhary @ Mahangu
                 Chaudhary R/O Mahthiya Tola Dihee, P.S- Aayar, Distt.- Bhojrpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prabhat Kumar Singh, Advocate
                 For the Opposite Party/s :      Ms. Renu Kumari , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 302, 34 of the Indian Penal Code and

                   Sections 27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that as

                   per F.I.R. it is apparent that specific accusation of firing is

                   against      co-accused      Dudhnath       Choudhary         and     Budhan

                   Choudhary. So far as this petitioner is concerned, no specific

                   role has been attributed to him.                 Prtitioner claims clean

                   antecedent and is in custody since 28.08.2025 . Chargesheet

                   has been submitted.

                                4. Learned A.P.P. for the State opposed the prayer for

                   bail.
            Patna High Court CR. MISC. No.91634 of 2025(2) dt.13-02-2026
                                                        2/2




                                   5. Considering the period of custody and clean

                      antecedent, let the above named petitioner be released on bail on

                      furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate , Bhojpur at Ara in connection with

                      Charpokhari P.S. Case No. 196 of 2012.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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