Allowed¶23

Chhotu Chaudhary @ Dharmendra Chaudhary v. The State of Bihar

Patna HC14 May 2025CR. MISC./14800/2025

Case brief

AI extract

What is this about?

Regular bail allowed; offences under BNS Sections 317(5), 318(4), 61(2) (stolen property/stolen motorcycles); Sirdala P.S. Case No. 297 of 2024, Nawada; name surfaced from co-accused's confessional statement; no recovery from conscious possession; recovery from joint house; in custody since 05.10.2024; contention of non-compliance with Section 103(5) BNSS left undecided; parity citations Cr. Misc. Nos. 85449, 79040 and 80364 of 2024; bail bond Rs. 10,000 with two like sureties before JM 1st Class, Nawada.

What did the court decide?

Release on regular bail in connection with Sirdala P.S. Case No. 297 of 2024 upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada/concerned court. ¶23

Chhotu Chaudhary @ Dharmendra Chaudhary Vs The State of… — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, named in the FIR for offences under Sections 317(5), 318(4) and 61(2) of the Bhartiya Nyaya Sanhita arising from Sirdala P.S. Case No. 297 of 2024, should be released on bail. +1 more

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Court's answer

Bail granted: on perusal of the FIR, impugned order and record, the petitioner is directed to be released on bail in connection with Sirdala P.S. Case No. 297 of 2024, furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada/concerned court.

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Ratio / Principle

Grounds for bail as found by this Court: the petitioner's name transpired on the confessional statement of the co-accused; there was no recovery from his conscious possession; and he has remained in custody since 05.10.2024.

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Detailed headnote1 paragraphs

Bail granted — Patna High Court (Ramesh Chand Malviya, J.) allowed the bail application of Chhotu Chaudhary @ Dharmendra Chaudhary in Sirdala P.S. Case No. 297 of 2024 (District Nawada), registered under Sections 317(5), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita for alleged dealing in stolen property, three stolen motorcycles having been allegedly recovered from the house during search. Grounds: the petitioner's name transpired on the confessional statement of the co-accused; there was no recovery from his conscious possession; and he had been in custody since 05.10.2024. Direction: release on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Nawada/concerned court. Defence contentions of non-compliance with Section 103(5) BNSS and parity with co-accused bail orders (Cr. Misc. Nos. 85449, 79040 and 80364 of 2024) were recorded but not expressly adjudicated.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14800 of 2025

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Arising Out of PS. Case No.-297 Year-2024 Thana- SIRDALA District- Nawada

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======================================================

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Chhotu Chaudhary @ Dharmendra Chaudhary S/O Arjun Chaudhary R/O Village- Pidiya, P.S- Fatehpur, Distt.- Gaya, at present Resident of VillageChaili, P.S- Sirdala, Distt.- Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Krishna Deo Raj, Advocate For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 14-05-2025

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Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

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Petitioner seeks bail in connection with Sirdala

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P.S. Case No. 297 of 2024 registered for the offences under Sections 317(5), 318(4) and 61(2) of Bhartiya Nyaya Sanhita (in short ‘BNS’).

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The petitioner is named in the First Information Report and is in custody since 05.10.2024.

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Allegation against the petitioner is to involve in dealing with stolen property where during search three stolen motorcycles were alleged to be recovered from the house of petitioner.

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Patna High Court CR. MISC. No.14800 of 2025(3) dt.14-05-2025 2/3

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It is submitted by learned counsel appearing on

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behalf of the petitioner that name of this petitioner transpired on the basis of certain secret inputs and, moreover, alleged stolen motorcycles appears to be recovered from the joint house of the petitioner and same fact also surfaced during course of investigation. It is submitted that compliance of Section 103(5) of the Bhartiya Nagrik Suraksha Sanhita (in short ‘B.N.S.S.’) has not been followed in the present case. It is also submitted that similarly situated co-accused has been granted bail by the Cr-ordinate Benches of this Court in Cr. Misc. No. 85449 of 2024, Cr. Misc. No. 79040 of 2024 and Cr. Misc. No. 80364 of 2024.

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Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

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On perusal of FIR , impugned order and other materials available on record, it appears that, name of the petitioner transpired on the confessional statement of the co-accused, no recovery from the conscious possession of the petitioner, petitioner is in custody since 05.10.2024, accordingly, accordingly, abovenamed petitioner is directed

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Patna High Court CR. MISC. No.14800 of 2025(3) dt.14-05-2025 3/3

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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 the satisfaction of learned Judicial Magistrate, 1st Class, Nawada/concerned court, in connection with Sirdala P.S. Case No. 297 of 2024.

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(Ramesh Chand Malviya, J)

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Mayank/-

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U T

Chhotu Chaudhary @ Dharmendra Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chhotu Chaudhary @ Dharmendra Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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