Patna High Court
Guneswar ChoudhuryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner with conditions, finding the allegations vague and the petitioner’s age and custody period warranting release.
Summary
The petitioner, Guneswar Choudhury, aged about 70, was arrested in connection with a murder case (Khanpur PS Case No. 286 of 2025) alleging his involvement in a shooting that killed the brother of an informant. The prosecution alleged that co‑accused shot the victim at gunpoint, while the petitioner claimed he was falsely implicated due to political rivalry and was at home at the time. The petitioner argued that the informant’s statements were vague, non‑eyewitness, and that he had no direct allegation of assault against him, also highlighting his clean antecedents and advanced age. The State opposed bail, asserting that the petitioner was named in the FIR and was part of a conspiracy. The court, considering the doubtful nature of the allegations, the petitioner’s age, and the lack of a charge sheet, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the allegations and his age
- Whether the allegations against the petitioner are sufficiently specific to justify continued detention
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- murder
- arms act
- political rivalry
- age
- vague allegations
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25650 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- KHANPURA District- Samastipur
======================================================
Guneswar Choudhury Son of Late Bhuneshwar Choudhury Resident of
Village - Shadipur, P.S.- Khanpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr. Kumar Rajdeep, Adv.
For the State : Mr. Anand Kishore Choudhary, APP
For the informant : Mr. Bhuwaneshwar Mahto, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned senior counsel for the petitioner,
learned counsel for the informant and learned APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Khanpur P.S. Case No. 286 of 2025, registered
for the offences under Sections 103(1), 61(2), 3(5) of the BNS
and Section 27 of the Arms Act.
3. As per the prosecution case, petitioner and other
coaccused persons chased the brother of the informant and
coaccused persons Sonu Kumar and Monu Kumar stopped him
at gun point and at instigation of coaccused Jay Kumar
Chaudhary, Sonu Kumar shot dead the brother of the informant
and the miscreants fled away from the spot.
4. Learned senior counsel appearing on behalf of the
Patna High Court CR. MISC. No.25650 of 2026(2) dt.17-04-2026
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petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case due to political rivalry. The
petitioner is aged about 70 years and he was at his house at the
time of alleged occurrence. The petitioner and other coaccused
persons have been named by the informant in general and
omnibus manner. There is no allegation of assault against this
petitioner and the assailant of deceased is coaccused Sonu
Kumar. Learned senior counsel further submits that the
allegations are not believable and the informant does not appear
to be an eye witness. The petitioner is having clean antecedent
and he is in custody since 26.12.2025.
5. Learned APP appearing for the State as well as
learned counsel for the informant vehemently oppose the
submission made on behalf of the petitioner. Learned counsel
for the informant submits that the petitioner is named in the FIR
and he along with his family members in conspiracy with each
other shot dead the brother of the informant.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
vague and doubtful nature of allegation against the petitioner
and also considering his age, his period of custody and
submission of charge sheet against him, the petitioner is directed
Patna High Court CR. MISC. No.25650 of 2026(2) dt.17-04-2026
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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 JMFC,
Samastipur/concerned court, in connection with Khanpur P.S.
Case No. 286 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
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