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Patna High Court

Pankaj ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Pankaj Choudhary was arrested in connection with Munger PS Case No. 398/2024, alleged to have participated in a killing over a trivial dispute, with charges under Sections 103 and 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The petitioner claimed innocence, asserting that no specific allegation was made against him and that he has a clean antecedent, having been in custody since 10‑10‑2025. The State opposed the bail application, arguing the seriousness of the offences. The court considered the length of custody, the petitioner’s clean record, and the lack of specific charges, and consequently granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of regular appearance and verification of antecedent. The order was made expressly prima facie and not to be construed as a judgment on the merits of the case.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
  • Whether the absence of specific allegations and the petitioner’s clean antecedent justify granting bail.

Legislation cited

Subjects

  • bail
  • regular bail
  • criminal procedure
  • Arms Act
  • clean antecedent
  • Munger case
  • Section 27
  • Section 103
  • Section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31513 of 2026
                 Arising Out of PS. Case No.-398 Year-2024 Thana- MUNGER MUFFASIL District- Munger
                 ======================================================
                 Pankaj Choudhary S/o Late Sudama Choudhary @ Late Sudam Chaudhary
                 Resident of village - Terasi Pir Pahar, P.O. - Taufir, P.S.- Muffasil, Distt.-
                 Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajit Kumar Singh
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   14-05-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Muffasil P.S. Case No. 398/2024 registered for the offences

                   punishable under Sections 103, 3(5) of B.N.S. and Section 27 of

                   Arms Act.

                                3. As per the prosecution case, the petitioner and

                   others are accused of killing the deceased over a trivial dispute.

                   It is alleged that Ravin Choudhary fired at the informant’s

                   brother causing injuries that resulted in his death.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 10.10.2025 and has no criminal
Patna High Court CR. MISC. No.31513 of 2026(2) dt.14-05-2026
                                            2/3




          antecedent. Learned counsel further submits that there is no

          specific allegation against the petitioner; rather, there is general

          and omnibus allegation against the petitioner.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          the period of custody and clean antecedent of the petitioner, this

          application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Munger Muffasil

          P.S. Case No. 398 of 2024 subject to condition that:-

                                             (i). The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.
                                            (ii). At the time of accepting the
                                  bail bonds of the petitioner, the Court below
                                  shall verify the fact whether the petitioner
                                  has clean antecedent or not. If it is found
                                  that the petitioner has clean antecedent then
                                  only his bail bonds shall be accepted by the
                                  Court below. However, it is made clear that
                                  the acceptance of bail bonds in terms of the
            Patna High Court CR. MISC. No.31513 of 2026(2) dt.14-05-2026
                                                        3/3




                                              above-mentioned order shall not be delayed
                                              for purpose of or in the name of verification.


                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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