Ram Sharan Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81567 of 2025 Arising Out of PS. Case No.-142 Year-2025 Thana- BARAHAT District- Banka ====================================================== Ram Sharan Choudhary S/O Jagdambi Choudhary R/O Village- Mirzapur, P.S- Barahat, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandan Prasad, Adv.
For the Opposite Party/s :
Mr.Akshay Lal Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Barahat P.S. Case No. 142 of 2025, registered for the offences under Sections 126(2), 115(2), 109(1), 352, 3(5) of the BNS and Section 25(1-B)a, 26, 27 and 35 of the Arms Act.
3. As per the prosecution case, in the background of previous dispute, the co-accused Munna Rai along with this petitioner and other co-accused persons came to the house of the informant and started hurling abuses. They also opened fire while assaulting the family members of the informant. During this firing co-accused Munna Rai shot at the husband of the informant who received injuries on his left shoulder. Thereafter
Patna High Court CR. MISC. No.81567 of 2025(2) dt.03-12-2025 2/3 all the miscreants fled away from the spot.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no specific allegation against the petitioner for causing injuries to any person by opening fire. There is general and omnibus allegation against the petitioner and other co-accused persons and nothing specific has been attributed to him. The allegation of assault on husband of the informant is against co-accused Munna Rai. This petitioner is having antecedent of five cases and he is on bail in all these cases. The petitioner is in custody since 09.09.2025. Learned counsel further submits that similarly placed coaccused Niranjan Yadav has been granted bail by the Coordinate Bench of this Court vide order dated 18.11.2025 passed in Cr. Misc. No. 75615 of 2025.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the non-specific nature of allegation against the petitioner and further considering his period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of
Patna High Court CR. MISC. No.81567 of 2025(2) dt.03-12-2025 3/3 Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka/concerned court, in connection with Barahat P.S. Case No. 142 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) anuradha/- U T