Butai Choudhary @ Rajendra Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85420 of 2025 Arising Out of PS. Case No.-99 Year-2011 Thana- GURUA District- Gaya ====================================================== Butai Choudhary @ Rajendra Choudhary S/O Kuleshwar Choudhary @ Rambriksh Chaodhary @ Kuleshwar Chudhari Resident of VillageBishunpura, Khap, Bhuiya Toli, P.S.- Cherki, District- Gaya, State- Bihar, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Gurua P.S. Case No. 99 of 2011 (S. Tr. No. 358 of 2013, 285 of 2023), dated 01.10.2011, instituted for the offences under Section 395 of the I.P.C.
3. As per prosecution case, the informant has alleged that 10-12 unknown persons entered in his house and on the point of revolver looted away clothes, mobile phone, money and ornaments.
4. Learned counsel for the petitioner at the outset submits that the petitioner was initially on bail in the
2/4 present case. However, on account of non- appearance, his bail bond was cancelled on 22.06.2019. It has next been submitted that the petitioner was not aware about cancellation of his bail bond and no summon or warrant was received by him, as he was out of the town with regard to earning his livelihood. The petitioner is in custody since 08.09.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-1st, Sherghati, Gaya in connection with Gurua P.S. Case No. 99 of 2011 (S.Tr. No. 358 of 2013, 285 of 2023), subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the
3/4 learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same or in the name of verification.
(v). In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to
4/4 initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) pravinkumar/- U T