Patna High Court
Vijay Chaudhary @ Thangu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 302, 34
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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