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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 2/3 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 3/3 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.
kundan/- (Nawneet Kumar Pandey, J) U T