Patna High Court
Jai Kumar ChoudhuryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner subject to a Rs.10,000 bond and two sureties.
Summary
Jai Kumar Choudhury applied for bail in a criminal case (PS Case No. 286 of 2025) alleging his involvement as a planner in a homicide, with charges under Sections 103(1), 61(2), 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The petitioner claimed innocence, stating he was not the principal assailant, and highlighted his custody since 22‑01‑2026 and two prior criminal antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court, noting that the petitioner was not the main assailant and that one of the two cases had a final police report, decided to grant bail on condition of a Rs.10,000 bond with two sureties. The order was made expressly prima facie and without prejudice to the trial’s merits.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and his alleged role in the homicide
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103(1), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- Arms Act
- murder
- accomplice
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34829 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- KHANPURA District- Samastipur
======================================================
Jai Kumar Choudhury Son of Guneswar Choudhury Resident of Village-
Shadipur, P.S.- Khanpur, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Khanpur
PS Case No. 286 of 2025 instituted for the offences under
Sections 103(1), 61(2), 3(5) of the BNS and under Section 27 of
the Arms Act.
3. The allegation is that the petitioner worked as a liner in
killing of the deceased. He is also the order giver. It is further
alleged that Monu held the brother of the informant and Sonu
shot his brother and thereafter fled away.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is not the main assailant. The
petitioner is in custody since 22.01.2026 and has got two
Patna High Court CR. MISC. No.34829 of 2026(3) dt.24-06-2026
2/2
criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering that the petitioner is accused in two cases
and in one of them police has submitted final form and the
petitioner is not main assailant, this Court is inclined to grant
bail to the petitioner.
7. Let the petitioner 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 concerned Court in
connection with Khanpur PS Case No. 286 of 2025.
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.
(Ansul, J)
Siddharth Soni/-
U T
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