Patna High CourtCR. MISC./27455/2025bail rejected

Shambhu Chaudhary v. The State Of Bihar

2025-05-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27455 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Shambhu Chaudhary S/O Chandra Shekhar Chaudhary Resident of VillageBishunpur, Ward No. 42, P.S- Town, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Town P.S. Case No. 44 of 2025 registered on 04.02.2025 for the offenses punishable under Sections 126, 127(2), 115(2), 117, 109, 303(2), 352, 351(2), 3(5) of the B.N.S. and Sections 27, 25(9) of the Arms Act.

3. As per the prosecution, the present F.I.R. has been lodged against two accused persons, including the petitioner, with allegations of assault and of having fired shots into the air during a wedding ceremony in drunken condition.

4. It is submitted by the learned counsel for the

Patna High Court CR. MISC. No.27455 of 2025(2) dt.07-05-2025 2/3 petitioner that the petitioner is innocent and has not committed any offence. The petitioner does have a prior criminal case pending against him, no incriminating material has been recovered from his conscious and physical possession in the present case. Learned counsel further submits that no firearm injury has been reported, and the specific allegation of firing is attributed to the co-accused, not the petitioner. Hence, the essential ingredients of the Arms Act are not attracted against the petitioner. It is further submitted that the petitioner has no connection or involvement with the co-accused.

5. Learned APP for the State vehemently opposes the prayer for bail.

6. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Town P.S. Case No. 44 of 2025 pending before the learned Exclusive Special Excise Judge-1, Begusarai, is hereby rejected.

7. However, it is directed that the petitioner shall surrender before the Trial Court within a period of four weeks from today. In case the petitioner surrenders within this period, the Trial Court is directed to pass an order on his surrender-cumbail application on the same day, without being prejudiced by

Patna High Court CR. MISC. No.27455 of 2025(2) dt.07-05-2025 3/3 the fact that the petitioner's anticipatory bail has been rejected by this Court.

(Dr. Anshuman, J) Sudhanshu/- U T