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Patna High Court

Goldan Choudhary @ Goldan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
             Patna High Court CR. MISC. No.19167 of 2026(2) dt.07-04-2026
                                                         3/3




                       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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