Patna High Court
CR. MISC./51561/2026 of Mahesh Choudhary @ Mahesh Kumar Choudhary Vs The State of Bihar on 7 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51561 of 2026 Arising Out of PS. Case No.-90 Year-2026 Thana- BHAGWANPUR District- Begusarai ====================================================== 1. Mahesh Choudhary @ Mahesh Kumar Choudhary S/O Late Sri Niwas Choudhary @ Late Niwas
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51561 of 2026
Arising Out of PS. Case No.-90 Year-2026 Thana- BHAGWANPUR District- Begusarai
======================================================
1.
Mahesh Choudhary @ Mahesh Kumar Choudhary S/O Late Sri Niwas Choudhary @ Late Niwas Choudhry Resident of Village- Rasalpur, Ward No. 12, P.S- Bhagwanpur, Distt.- Begusarai.
2.
Ganesh Choudhary S/O Late Sri Niwas Choudhary @ Late Niwas Choudhry Resident of Village- Rasalpur, Ward No. 12, P.S- Bhagwanpur, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mrs. Archana Sinha, Sr. Advocate
Ms. Richa Rajiv Singh, Advocate
Mr. Ashok Kumar, Advocate
Mr. Swarna Roy, Advocate
For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
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ORAL ORDER
07-08-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109 of BNS and 27 of Arms Act, and later on added under Section 103(i) of BNS.
3. The case of the prosecution is that the petitioners along with others have gone to the field of the informant and they were performing some agricultural work. It is further alleged that Sonu Choudhary and Prem Shankar Choudhary fired at the father of the informant due to which, he fell down. After this, petitioner no. 1
Patna High Court CR. MISC. No.51561 of 2026(2) dt.07-08-2026
Mahesh Choudhary fired at the brother of the informant but the gun shot did not hit. It is also alleged that all the accused persons assaulted the informant’s party indiscriminately.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that from perusal of the FIR itself, it is clear that the allegation of firing is against Sonu Choudhary and Prem Shankar Choudhary. Though there is allegation of firing against Mahesh Choudhary but the fire allegedly made by Mahesh Choudhary did not hit anybody. In this case, the father of the informant died during treatment and the allegation of firing upon him is against Sonu Choudhary and Prem Shankar Choudhary. First part of allegation is general and omnibus. It has also been submitted that similarly situated co-accused Durgesh Choudhary and Vijay Choudhary have been granted bail by this court vide Cr. Misc. No. 44462 of 2026. Moreover, a statement has been made in para-3 of the petition that the petitioners are having one criminal antecedent and they are languishing in judicial custody since 22.04.2026.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named Patna High Court CR. MISC. No.51561 of 2026(2) dt.07-08-2026
petitioners are directed to be released on bail in connection with Bhagwanpur P.S. Case No. 90 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai.
Sneha/- Shubham/- (Ashok Kumar Pandey, J) U T