Patna High Court
Pankaj ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103, 3(5)
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
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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
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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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