Patna High Court
Goldan Choudhary @ Goldan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to a bond, sureties and conditions under Section 482(2) of the Bihar Narcotic Substances Act, 2023.
Summary
The petitioners, Goldan and Banti Choudhary, who are serving in the Indian Army and are relatives of a man named Abhishek, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 117(2), 324(5), 326(f), 326(g) and 3(5) of the Bihar Narcotic Substances Act, 2023. The FIR alleges that Abhishek and his associates assaulted an informant, set his godown on fire causing loss of Rs.15 lakh, and had previously assaulted the informant and his daughter. The petitioners contend they have clean antecedents, were falsely implicated to coerce Abhishek, and that the allegations against them are vague and omnibus. The State opposed the anticipatory bail. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the B.N.S. Act, pending their surrender or arrest within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Narcotic Substances Act, 2023.
- Whether the allegations against the petitioners are specific enough to justify denial of bail.
- Whether the petitioners are likely to tamper with evidence or flee if released on bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 115(2), 117(2), 126(2), 324(5), 326(f), 326(g), 3(5), 482(2)
Subjects
- anticipatory bail
- Section 482
- Bihar Narcotic Substances Act
- false implication
- Indian Army
- arson
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19167 of 2026
Arising Out of PS. Case No.-602 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
1. Goldan Choudhary @ Goldan Kumar S/O Laxmi Narayan Choudhary R/O
Village- Sitarampur, P.S- Sultanganj, District- Bhagalpur
2. Banti Choudhary @ Banti Kumar S/O Shyam Narayan Choudhary @ Shyam
Choudhary R/O Village- Sitarampur, P.S- Sultanganj, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ankit Raj, Advocate.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 117(2), 324(5), 326(f), 326(g) and 3(5) of the B.N.S.,
2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 29.12.2025 at about 5.00 P.M., when he was
returning home from his shop, he saw the named accused
persons along with 5-6 unknown accused standing near Middle
School, Sitarampur and thereafter Abhishek assaulted the
Patna High Court CR. MISC. No.19167 of 2026(2) dt.07-04-2026
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informant with an iron rod causing injury on his hand and when
villagers gathered, Abhishek fled, it is next alleged that
thereafter informant came back to his home, where family
members of Abhishek were present and they abused the
informant, further on the same day, at about 11.30 P.M.,
Abhishek along with his family members including the
petitioners came and set the godown of the informant on fire
which led to loss of goods worth Rs.15 lacs, it is next alleged
that earlier on 24.11.2025 Abhishek and Anand had assaulted
the informant and had acted inappropriately with his daughter,
leading to institution of Sultanganj P.S. Case No.533/2025 dated
24.11.2025.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant being related to Abhishek. It is next submitted that
petitioner no.2 is father of Abhishek and petitioner no.1 is uncle
of Abhishek. It is also submitted that both petitioners are in the
Indian Army and are serving the country. It is next submitted
that from perusal of the allegation as alleged in the FIR, it
would manifest that the allegations as far as petitioners are
concerned are general and omnibus in nature. It is also
submitted that petitioners have been implicated in the case only
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with a view to coerce Abhishek into submission.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.5000/- (Rupees Five Thousand) each with two
sureties of the like amount each to the satisfaction of learned
trial court where the case is pending/successor court in
connection with Sultanganj P.S. Case No.602/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
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