Patna High Court
Bedanand ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, finding no sufficient basis to keep him in custody.
Summary
Bedanand Choudhary, a handicapped father of two alleged shooters, was arrested in connection with a murder case (PS Amarpur Case No. 95 of 2025) under Sections 103(1)/3(5) of the BNS and Section 27 of the Arms Act. He contended that he did not fire at the deceased, that the post‑mortem showed no firearm injuries, and that he was falsely implicated merely because he is the father of the main assailants. The State argued that he had a moral duty to prevent his sons from committing the crime and opposed his bail, noting that bail for the co‑accused had been denied. After considering the lack of direct evidence against him and his prolonged pre‑trial custody of over ten months, the Court granted regular bail on a bond of Rs.10,000 with two sureties, subject to his cooperation in the trial. The order emphasized that the petitioner must remain available to the court as required.
Issues considered
- Whether a father of alleged shooters, who is not directly implicated in the shooting, is entitled to regular bail under the circumstances.
- Whether the moral obligation alleged by the State can justify denial of bail.
Legislation cited
- Arms Act — s. 27
Subjects
- regular bail
- pre‑trial detention
- Arms Act
- moral obligation
- father of accused
- handicapped detainee
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36163 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- AMARPUR District- Banka
======================================================
Bedanand Choudhary S/o- Late Ramdeo Choudhary Village- Mohdinagar
Gopalpur Ps- Amarpur Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Namrata Mishra, Sr. Adv.
Ms. Archana Jha, Adv.
Ms. Anamika Kumari, Adv.
For the Opposite Party/s : Mr.Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 05-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Amarpur P.S. Case No. 95 of 2025,
registered for the offences punishable under Sections
103(1)/3(5) of the BNS & 27 of the Arms Act.
3. According to the allegation, at the order of the
petitioner, his sons Rahul Choudhary and Sanjeev Choudhary
fired at the deceased. Other co-accused persons assaulted him
with lathi and stick.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.36163 of 2025(4) dt.05-01-2026
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implicated. The petitioner is a handicapped person and he is
under custody for more than ten months. He is not the assailant.
She has submitted further that although 11 injuries are there on
the persons of the deceased, according to the post-mortem
report, but no fire arm injury was found. The injuries were
caused by hard and blunt substance. She has also submitted that
the petitioner has falsely been implicated merely because he is
father of the main assailants.
5. On the other hand, the learned APP for the State
and the learned counsel for the informant have opposed the
prayer for bail by submitting that the sons of the petitioner are
the main assailants and it was moral obligation of the petitioner
to intervene and to prohibit his sons from opening fire at the
deceased or assaulting the deceased. Learned counsel for the
informant has further submitted that the bail petitions of co-
accused Rahul Choudhary and Sanjeev Choudhary have been
rejected by a coordiante Bench of this Court, to which the
learned counsel for the petitioner replied that they were the main
assailants.
6. The petitioner is not the assailant and he is under
custody for more than ten months.
7. Considering the above-mentioned facts and
Patna High Court CR. MISC. No.36163 of 2025(4) dt.05-01-2026
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circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Banka in connection with Amarpur P.S.
Case No. 95 of 2025, subject to the condition that the petitioner
shall cooperate in the disposal of trial and make himself
available as and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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