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Patna High Court

Dilip ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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