Patna High Court
CR. MISC./51458/2026 of Gandhi Kumar @ Gandhi Kumar Chaudhary Vs The State of Bihar on 29 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51458 of 2026 Arising Out of PS. Case No.-105 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Gandhi Kumar @ Gandhi Kumar Chaudhary S/o Ram Kishore Sahni @ Ram Kishore Choudhary @
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51458 of 2026
Arising Out of PS. Case No.-105 Year-2024 Thana- KALYANPUR District- Samastipur ======================================================
Gandhi Kumar @ Gandhi Kumar Chaudhary S/o Ram Kishore Sahni @ Ram Kishore Choudhary @ Ramdirdhar Choudhary R/o Village - Bhagirathpur, P.S - Kalyanpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Jay Ram Prasad, Advocate
For the Opposite Party/s :
Mr.Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
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ORAL ORDER
29-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Sessions Trial No. 164 of 2025 arising out of Kalyanpur P.S. Case No. 105 of 2024, registered for the offences under Sections 341, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner shot at the informant on his refusal to lend him Rs.50,000/-.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. No occurrence as alleged has ever taken place. Merely on suspicion, the petitioner has been Patna High Court CR. MISC. No.51458 of 2026(2) dt.29-07-2026
named in this case. Nothing incriminating has been recovered from person or possession of this petitioner. The injury report of the informant shows a simple injury caused by firearms on the back of the informant. The petitioner is having antecedent of seven cases and he is on bail in all the cases except one. In this case, the petitioner is in custody since 30.10.2024 and charge sheet has been submitted.
5. Learned APP 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 nature of allegation, period of custody of the petitioner and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIII, Samastipur/concerned court, in connection with Sessions Trial No. 164 of 2025 arising out of Kalyanpur P.S. Case No. 105 of 2024, 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.
Patna High Court CR. MISC. No.51458 of 2026(2) dt.29-07-2026
(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.
Anuradha/- (Arun Kumar Jha, J) U T