Sanjeet Chaudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sanjeet Chaudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail: petitioner to be released on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned CJM, East Champaran at Motihari, in connection with Chakiya P.S. Case No. 168 of 2023.

Issue for consideration

Whether the petitioner should be released on regular bail in connection with Chakiya P.S. Case No. 168 of 2023, given parity with a similarly situated co-accused already granted regular bail and the petitioner's custody of more than one year.

Court's answer

The petitioner was ordered to be released on regular bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned CJM, East Champaran at Motihari, in connection with Chakiya P.S. Case No. 168 of 2023.

Ratio / Principle

Grant of regular bail rested on parity: a similarly situated co-accused had been granted regular bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 21270 of 2024.

Key takeaways

The petitioner's custody for more than one year was taken into account in ordering his release on bail.ratio¶18

Detailed headnote1 paragraphs

Bail - Regular bail granted. High Court of Judicature at Patna (Ramesh Chand Malviya, J.), Criminal Miscellaneous No. 11462 of 2025, order dated 13-05-2025, arising out of Chakiya (Chakia) P.S. Case No. 168 of 2023, District East Champaran, registered for offences punishable under Sections 399, 402, 324, 326, 332, 333, 307, 352 and 353 of the Indian Penal Code and Sections 25(1-B)a, 26, 27 and 35 of the Arms Act. Per the FIR, a clash broke out between the accused and police during patrolling and the accused persons were arrested. The petitioner, in custody since 22.04.2024 (more than one year), whose name according to counsel surfaced through the confessional statement of co-accused Rajan Tiwary in police custody and who was allegedly neither arrested on the spot nor subjected to any recovery, was released on bail principally on parity with a similarly situated co-accused granted regular bail by a Co-ordinate Bench of the same Court in Cr. Misc. No. 21270 of 2024, despite opposition by the learned APP. Bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned CJM, East Champaran at Motihari.