Chhotu Chaudhary @ Dhananjay Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38344 of 2025 Arising Out of PS. Case No.-382 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== Chhotu Chaudhary @ Dhananjay Chaudhary Son of Late Birendra Chaudhary @ Late Birendra Chaudhary Resident of Village - Lemboiya, P.S.- Raushanganj, District - Gaya.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Javed Jafar Khan, Advocate For the Opposite Party/s :
Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-08-2025 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 Sherghati P.S. Case No. 382 of 2024 registered for the offences under Sections 309(6) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').
3. The petitioner is named in the First Information Report and is in custody since 05.12.2024.
4. As per FIR, some unknown persons opened fire upon employee of the informant while he was dealing with official business and also looted cash of Rs. 42,000/-. It is alleged that miscreants, who were three in numbers, arrived at the place of occurrence on 25.07.2024 at about 11:15
2/4 a.m. through white colour Apache motorcycle bearing Registration No. BR02BR-1096.
5. It is submitted by learned counsel appearing on behalf of the petitioner that name of the petitioner transpired in the present case out of his self-confession where he was apprehended without no cogent material. It is submitted that in furtherance of said self-confession, no incriminating material appears recovered/surfaced during course of investigation.
6. It is submitted that motorcycle in issue is registered in the name of wife of the petitioner, which was seized in Sherghati P.S. Case No. 384/2024, having no bearing in the present case. It is pointed out that as petitioner found involved in seventeen (17) more criminal cases, which is one of the reason for suspicion qua petitioner to involve in the present case. It is submitted that petitioner is on bail in all seventeen (17) cases, where his name transpires either on confession or self confession, like present case.
7. It is further submitted that if the merit of case otherwise appears in favour of petitioner, merely on the
3/4 ground of criminal antecedents, bail of petitioner ordinarily should not be denied. 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. While concluding argument, it is submitted that investigation of this case is already completed, charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.
9. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
10. Considering the facts and circumstances as mentioned above and by taking note of the fact as prima facie implication of petitioner appears only on suspicion arising out of his self-confession and criminal antecedents, coupled with the fact that petitioner remains in custody since 05.12.2024, 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
4/4 the satisfaction of learned A.C.J.M.-I, Sherghati, Gaya, in connection with Sherghati P.S. Case No. 382 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