Sudarshan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5067 of 2026 Arising Out of PS. Case No.-196 Year-2012 Thana- CHARPOKHARI District- Bhojpur ====================================================== Sudarshan Chaudhary Son of Late Ramanand Chaudhary Resident of Mathiya Tola Dih, P.S.- Aayar, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Prabhat Kumar Singh, Advocate Ms. Priya, Advocate For the State :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-02-2026 Heard Mr. Prabhat Kumar Singh, learned counsel for the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code and Sections 27 of the Arms Act.

3. As per prosecution case, it is alleged that on the instigation of this petitioner, co-accused Dudhnath Choudhary and Budhan Choudhary shot brother of informant due to which he died on the spot.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence. From

Patna High Court CR. MISC. No.5067 of 2026(2) dt.16-02-2026 2/2 bare perusal of the 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, he is only alleged to have instigated co-accused Dudhnath Choudhary and Budhan Choudhary to fire and no specific accusation of overt act has been alleged against this petitioner. Moreover, charge-sheet has already been submitted and petitioner is in custody since 27.09.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and period of custody, the prayer for grant of bail to the petitioner is allowed.

7. Accordingly, 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) shashank/- U T