Mukesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7890 of 2026 Arising Out of PS. Case No.-378 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Mukesh Chaudhary S/O Late Suresh Chaudhary R/o Vill.- Jura Pakari, Bhairoganj, P.S.- Ramnagar, District- West Champaran ... ... Petitioner
Versus
The State of Bihar Patna ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in connection with Harsidhi P.S. Case No. 378 of 2024 registered for the offences under Sections 310(2) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').
3. The accused/petitioner is not named in the First Information Report and is in custody since 05.08.2025.
4. Allegation against the petitioner is to commit dacoity along with other accused persons in M/s Spandan Sphurti Finance Limited, Motihari, where during the occurrence cash of Rs. Seven Lakhs was looted on the gun point. It is alleged that face of all the accused persons were masked either by cloth or by the helmet.
5. It is submitted by learned counsel appearing on behalf
Patna High Court CR. MISC. No.7890 of 2026(2) dt.12-02-2026 2/3 of the petitioner that name of this petitioner transpired in the alleged occurrence only on the basis of confessional statement of co-accused namely, Anish Raj, in furtherance of which, no incriminating material appears recovered from possession of this petitioner as to connect him prima facie with the present crime in question. It is submitted that petitioner was not put on TIP as yet.
6. Explaining criminal antecedents of the petitioner, it is submitted that petitioner found involved in eight more criminal cases and in maximum of these cases, his name transpired only on the basis of confessional statement of apprehended co-accused as of present case having no evidentiary value in law.
7. It is submitted that ordinarily prayer of bail of the petitioner should not be rejected on the ground of criminal antecedents alone, if merits of the case otherwise convincing in favour of the accused/petitioner. In support of his submission, learned counsel relied upon the legal report of Hon'ble Supreme Court as available through Prabhakar Tewari Vs. State of U.P. and Another reported in (2020) 11 SCC 648.
8. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
9. In view of aforesaid factual submission and by taking note of the fact as save and except suspicion prima-facie nothing
Patna High Court CR. MISC. No.7890 of 2026(2) dt.12-02-2026 3/3 incriminating appears against petitioner as to connect him with present crime in question, coupled with the fact that petitioner remains in custody since 05.08.2025, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, East Champaran/concerned court, in connection with Harsiddhi P.S. Case No. 378 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T