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2026 DAILYLAW 29274 (PAT)

Nand Kumar Choudhary @ Nand Kishore Chaudhary v. The State of Bihar

CR. MISC./57733/2026 · 2026-08-19

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57733 of 2026 Arising Out of PS. Case No.-176 Year-2025 Thana- MORKAHI District- Khagaria ====================================================== 1. Nand Kumar Choudhary @ Nand Kishore Chaudhary son of Late Ram Prasad Chaudhary Resident of vill- Jhima, Ps- Orkahi, Dist- Khagaria 2. Ranjan Chaudhary son of late Prabhu Chaudhary Resident of vill- Jhima, Ps- Orkahi, Dist- Khagaria 3. Sushil Chaudhary @ Soshil Chaudhary son of Nand kishore Chaudhary Resident of vill- Jhima, Ps- Orkahi, Dist- Khagaria 4. Shiv Shankar Chaudhary Son of Satrudhan Chaudhary @ Satarohan Chaudhary Resident of vill- Jhima, Ps- Morkahi, Dist- Khagaria 5. Bijen Chaudhary son of Late Ramdev Chaudhary Resident of village- Bhirkhi, Ps- Salkhua, Dist- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Indrajit Kumar, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Morkahi P.S. Case No. 176 of 2025, instituted for the offences punishable under Sections 191(2), 191(3), 329(3), 303(2), 308(5), 126(2), 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. 3. The prosecution case, in short, is that these petitioners along with other accused persons have demanded Rs. 20,000/bigha as extortion money from the informant and threatened him if he fails to pay the same. It is further alleged Patna High Court CR. MISC. No.57733 of 2026(2) dt.19-08-2026 2/3 that the accused persons opened fire upon the family members of the informant. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is not specific rather the same is general and omnibus in nature. It is next submitted that the land in question belongs to the co-accused, namely, Dharamlal Chaudhary and due to this land dispute the present occurrence took place. It is further submitted that the informant is not the land owner and extorted money has not been delivered to the petitioners. The petitioner nos. 1 to 4 are in custody since 08.06.2026 and petitioner no. 5 is in custody since 23.05.2026. The petitioners have got five criminal antecedents. Learned counsel for the petitioners further submits that other co-accused have been granted bail by a Co-ordinate Bench of this Court vide order dated 27.04.2026 passed in Cr. Misc. No. 27805 of 2026. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody Patna High Court CR. MISC. No.57733 of 2026(2) dt.19-08-2026 3/3 undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Morkahi P.S. Case No. 176 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners. (II) The petitioners shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause. (III) The petitioners will not tamper with the evidence or the witnesses during the trial. (IV) Petitioners shall not commit offence of similar nature in future. If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioners. Rajorshi/- (Rudra Prakash Mishra, J) U T