Patna High CourtCR. MISC./39680/2026dismissed

Upendra Choudhary @ Chaudhary v. The State Of Bihar

2026-06-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39680 of 2026 Arising Out of PS. Case No.-177 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Upendra Choudhary @ Chaudhary S/o Late Janeshwar Choudhary R/o Village - Belaur, P.S - Udwant Nagar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Rakesh Kumar Sharma, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-06-2026 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Udwant Nagar P.S. Case No. 177 of 2025 registered for the offence under Sections 25(1-A), 26(2) and 35 of the Arms Act read with Section 3/4 of the Explosive Substances Act..

3. As per the prosecution case, there is recovery of one A.K. 47 rifle, one magazine of A.K. 47 rifle, magazines of Insas rifle and two live hand grenade.

4. Learned senior counsel for the petitioner submits that the petitioner is quite innocent and has not committed any offence. Learned counsel submits that nothing incriminating has been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No.39680 of 2026(2) dt.22-06-2026 2/2 rather the alleged recovery have been made from a joint family house. The petitioner is in custody since 07.04.2025 having seven criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail and submits there is huge recovery of arms and its ammunition from the petitioner.

6. Considering the recovery of A.K. 47, hand grenade etc., I am not inclined to grant bail to the petitioner.

7. Accordingly, this application is dismissed.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) sadique/- U T