Patna High CourtCR. MISC./75024/2025bail granted

Bharat Chauhan v. The State Of Bihar

2026-01-09Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75024 of 2025 Arising Out of PS. Case No.-452 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Bharat Chauhan, S/o - Chauthi Chauhan @ Saukhi Jamadar, Resident of Village - Prahlad Nagar, P.S. - Noorsarai, Dist. - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu SN Singh, Adv.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-01-2026 Heard Mr. Shambhu SN Singh, learned counsel for the petitioner and Mr. Satya Nand Shukla, learned APP for the State.

2. Petitioner seeks regular bail in connection with Noorsarai P.S. Case No. 452 of 2023 dated 22.09.2023 registered for the offences punishable under sections 341, 323, 385, 506 and 386 of the Indian Penal Code and section 27 of the Arms Act.

3. The main submissions advanced by petitioner's counsel are that this is the second attempt of the petitioner to get the relief of bail and his first prayer was rejected by this Court vide order dated 26.07.2024 passed in Cr. Misc. No. 33424 of 2024 and while rejecting his first prayer, this Court has given him a liberty to renew his bail prayer either after the

Patna High Court CR. MISC. No.75024 of 2025(5) dt.09-01-2026 2/3 examination of non-official witnesses in his trial or after a period of one year if the prosecution fails to produce the nonofficial witnesses and in the light of the said liberty, the petitioner has renewed his prayer as even after the lapse of one year, the prosecution has failed to produce the non-official witness of the prosecution, however, out of six witnesses shown in the chargesheet, three witnesses have been examined till now and out of remaining three witnesses, there is only one nonofficial witness and further, there is no serious allegation against the petitioner and the matter relates to the extortion demand and the petitioner has been languishing in jail since 08.11.2023.

4. Learned APP for the State has opposed the prayer of the petitioner and submits that there are several criminal antecedents of the petitioner.

5. Heard both the sides. Though against the petitioner, there are several criminal antecedents but considering his present custody period which has been about two years and two months and further, the prosecution has failed to produce the non-official witness before the trial court despite having got sufficient time of more than one year, which shows lingering attitude of the prosecution in the trial of the petitioner, this Court is now inclined to release the petitioner on bail. Accordingly, let

Patna High Court CR. MISC. No.75024 of 2025(5) dt.09-01-2026 3/3 the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Noorsarai P.S. Case No. 452 of 2023.

(Shailendra Singh, J) annu/- U T