Patna High Court
Dilip ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail should be granted as the petitioners have no specific allegations against them, possess clean antecedents, and are willing to cooperate with the trial.
Summary
The petitioners, Dilip and Sittu Choudhary, were arrested in connection with a case registered under Sections 103, 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act, arising from a dispute that led to a fatal shooting. They contended that they were falsely implicated, had no specific allegations against them, and possessed clean antecedents, having been in custody since November 2025. The prosecution opposed regular bail, arguing the seriousness of the offences. The Court examined the facts, the lack of direct evidence linking the petitioners to the crime, and the principle that bail may be granted when the accused are unlikely to flee and will cooperate with trial. Accordingly, Justice Sandeep Kumar allowed the bail application, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties of equal amount. The order also imposed a condition that the petitioners must cooperate with the trial, appearing personally or through counsel, failing which bail may be cancelled.
Issues considered
- Whether regular bail should be granted to the accused under Sections 103, 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act despite the prosecution’s opposition
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103, 3(5)
Subjects
- bail
- regular bail
- Criminal Procedure Code
- Section 103 B.N.S.
- Section 3(5) B.N.S.
- Section 27 Arms Act
- cooperation with trial
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33972 of 2026
Arising Out of PS. Case No.-398 Year-2024 Thana- MUNGER MUFFASIL District- Munger
======================================================
1. Dilip Choudhary S/O Late Sudama Choudhary @ Late Sudam Chaudhary
Resident of Village- Terasi Pir Pahar, P.O- Taufir, Police Station- Muffasil,
District- Munger.
2. Sittu Choudhary S/O Late Sudama Choudhary @ Late Sudam Chaudhary
Resident of Village- Terasi Pir Pahar, P.O- Taufir, Police Station- Muffasil,
District- Munger.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh
For the Opposite Party/s : Mr.Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek 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, for a trivial dispute,
Ravin Choudhary fired which hit the informant’s brother and he
died.
4. Learned counsel for the petitioners submits that
petitioners are innocent and has falsely been implicated in the
present case. Learned counsel further submits that there is no
Patna High Court CR. MISC. No.33972 of 2026(2) dt.03-07-2026
2/2
specific allegation against the petitioners. Petitioners have clean
antecedent and they are in custody since 22.11.2025 and
10.10.2025 respectively. The petitioners undertake to co-
operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitionerd.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioners, 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 concerned Court below in connection
with Muffasil P.S. Case No. 398/2024.
8. As a condition of this order, the petitioners after
being released on bail is directed to co-operate in the trial either
by appearing personally or through their lawyer in the Trial
Court on each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of the bail
bonds of the petitioners.
(Sandeep Kumar, J)
Vikas/-
U
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