Nandu Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44685 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Nandu Chaurasiya S/O Jagranath Chaurasiya R/O Village- Ibrahimpur Ward No. 3, P.S- Paharpur, Distt.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarvesh Kashyap, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Nautan P.S. Case No. 24 of 2025 instituted for the offences under Section 303(2) of the B.N.S., 2023.

3. As per prosecution case, the Informant had parked his Bolero near the house of Nathuni Dewan and had gone to take some refreshment. After sometime, when he returned, he found that the Bolero was missing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner is not named in

Patna High Court CR. MISC. No.44685 of 2025(4) dt.16-09-2025 2/3 the F.I.R. and his name has transpired in this case in course of investigation on the basis of secret information received by spy whereafter the petitioner was apprehended and his confessional statement was recorded before the police which has no evidentiary value in the eye of law. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner rather the stolen vehicle has been recovered from the possession of co-accused Dheeraj Kumar. The petitioner has no concern with the alleged occurrence. The petitioner has five criminal antecedents and is languishing in judicial custody since 19.03.2025 without any rhymes or reason. Learned counsel for the petitioner further submits that the charge-sheet has been submitted against the petitioner and the cognizance has also been taken against him.

5. Learned counsel for the petitioner again submits that the co-accused namely Anil Yadav has been granted bail by a Co-ordinate Bench of this Court vide order dated 20.08.2025 passed in Cr. Misc. No. 40880 of 2025.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as

Patna High Court CR. MISC. No.44685 of 2025(4) dt.16-09-2025 3/3 also taking into account the period of custody of the petitioner and the prayer for bail being based on parity, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nautan P.S. Case No. 24 of 2025, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T