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Patna High Court

Dhutar Chaudhary @ Ghutar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners with specified conditions.

Summary

The petitioners, three Chaudhary brothers, were arrested on 14‑12‑2025 in connection with a FIR alleging extortion of Rs 20,000 per bigha, threats, and firing on the informant's family, under several sections of the Bihar Negotiable Act, 2023 and Section 27 of the Arms Act. They claim the allegations are false, arising from a land dispute, and assert that the informant is not the rightful landowner. The prosecution opposed bail, highlighting the petitioners' multiple prior criminal antecedents. The High Court considered the nature of the allegations, the lack of ownership by the informant, and the petitioners' custody status, and ordered bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of criminal antecedents without delaying the release.

Issues considered

  • Whether bail should be granted to the accused despite serious charges of extortion, threats, and use of firearms.
  • Whether the petitioners' prior criminal antecedents justify denial of bail.
  • Whether the land ownership dispute and alleged falsehood of the FIR affect the bail decision.

Legislation cited

Subjects

  • bail
  • extortion
  • land dispute
  • criminal antecedents
  • Arms Act
  • Bihar Negotiable Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27805 of 2026
                      Arising Out of PS. Case No.-176 Year-2025 Thana- MORKAHI District- Khagaria
                 ======================================================
           1.     Dhutar Chaudhary @ Ghutar Chaudhary Son of Late Sulendra Chaudhary
                  Resident of Vill -Jheema Ps -Morkahi Dist- Khagaria
           2.    Chanchal Chaudhary Son of Late Sulendra Chaudhary Resident of Vill
                 -Jheema Ps -Morkahi Dist- Khagaria
           3.    Varun Chaudhary Son of Late Rajo Chaudhary Resident of Vill -Jheema Ps
                 -Morkahi Dist- Khagaria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh No. I, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 For the Informant        :       Ms. Seema Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   27-04-2026                    Heard Mr. Ajay Kumar Singh No. I, learned counsel

                   for the petitioners, Ms. Seema Kumari, learned counsel for the

                   informant and Mr. Nitya Nand Tiwary, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   14.12.2025 in connection with Morkahi P.S. Case No. 176 of

                   2025, F.I.R. dated 05.12.2025 for the offences punishable under

                   Sections 191(2), 191(3), 329(3), 303(2), 308(5), 126(2), 351(2)

                   and 351(3) of the BNS, 2023 and Section 27 of the Arms Act.

                               3. According to prosecution case, these petitioners

                   along with other accused persons have demanded Rs.
Patna High Court CR. MISC. No.27805 of 2026(2) dt.27-04-2026
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          20,000/bigha as extortion money from the informant and

          threatened him if he fails to pay the same. It is further alleged

          that the accused persons open fired upon the family members of

          the informant.

                      4. Learned counsel for the petitioners submits that

          petitioners are innocent and they have falsely been implicated in

          the present case. The allegation as alleged in the F.I.R is false

          and fabricated and the petitioners have not committed any

          offence as alleged in the F.I.R. From perusal of the F.I.R it

          appears that petitioners and other accused persons have

          demanded Rs. 20,000 per bigha as extortion money from the

          informant. He further submits that in fact, the land in question

          belongs to the co-accused Dharamlal Chaudhary and due to this

          land dispute the present occurrence has taken place. He further

          submits that the said Dharamlal along with other accused

          persons including these petitioners have gone to the said land

          and due to this very reason the informant has lodged the present

          false case against them. He further submits that the police after

          investigation submitted the charge sheet against the petitioners.

          The petitioners are in custody since 14.12.2025.

                      5. Learned Additional Public Prosecutor as well as

          learned counsel for the informant have vehemently opposed the
Patna High Court CR. MISC. No.27805 of 2026(2) dt.27-04-2026
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          prayer for bail of the petitioners on the ground that petitioner no.

          1 carries five criminal antecedents, petitioner no. 2 carries three

          criminal antecedents and petitioner no. 3 carries three criminal

          antecedents other than the present one.

                       6. Considering the aforesaid facts and circumstances

          as well as the nature of allegation in the FIR and the fact that the

          informant is not the land owner as per the Annexure-2 of the

          bail petition, let the petitioners, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Additional Chief Judicial Magistrate, Khagaria in

          connection with Morkahi P.S. Case No. 176 of 2025, subject to

          the following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall
            Patna High Court CR. MISC. No.27805 of 2026(2) dt.27-04-2026
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                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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