Gurusharan Chaudhary v. The State of Bihar

Patna HC25 Jul 2025CR. MISC./24951/2025

Case brief

AI extract

What is this about?

Regular bail allowed; Section 309(4) Bhartiya Nyay Sanhita 2023 (robbery); arrest by private person on suspicion; no recovery of looted cash or mobile on spot arrest; custody since 12.11.2024; investigation complete, charge-sheet filed; bail bond Rs. 10,000 with two sureties; conditions under S. 437(3) Cr.P.C / S. 480(3) B.N.S.S.; Patna High Court, CRIMINAL MISCELLANEOUS No.24951 of 2025 (Ladania P.S. Case No. 376 of 2024, Madhubani), decided 25-07-2025 by Chandra Shekhar Jha, J.

What did the court decide?

Petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani/concerned court, in connection with Ladania P.S. Case No. 376 of 2024, subject to conditions under Section 437(3) Cr.P.C. / Section 480(3) BNSS. ¶¶33

Gurusharan Chaudhary Vs The State of Bihar — Bail and Remand | Patna HC (2025)

What the court decided

AI extract

Outcome

¶¶33

Issue for consideration

Whether the petitioner, in custody since 12.11.2024 in Ladania P.S. Case No. 376 of 2024 under Section 309(4) of the Bhartiya Nyay Sanhita, 2023, should be released on bail.

¶¶16

Court's answer

Bail granted: the petitioner is directed to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Madhubani/concerned court, in connection with Ladania P.S. Case No. 376 of 2024, subject to the conditions under Section 437(3) Cr.P.C. / Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.

¶¶33

Ratio / Principle

Bail allowed on the grounds that the petitioner's arrest was made by a private person, upon spot arrest prima facie nothing incriminating as alleged to be looted was found from his possession, the petitioner is in custody since 12.11.2024, and the investigation of the case is already complete.

¶¶33

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Chandra Shekhar Jha, J.) allowed the regular bail application of Gurusharan Chaudhary in Ladania P.S. Case No. 376 of 2024 (G.R. No. 2582/2024), registered under Section 309(4) of the Bhartiya Nyay Sanhita, 2023, alleging robbery and looting of Rs. one Lakh Nepali currency and an Oppo mobile handset. The court took note that the petitioner's arrest was made by a private person on suspicion, that prima facie nothing incriminating as alleged to be looted was found from his possession on spot arrest, that he was named in the FIR and in custody since 12.11.2024, and that the investigation was complete with charge-sheet submitted. Petitioner directed to be released on bail on a bail bond of Rs. 10,000/- with two like sureties to the satisfaction of the S.D.J.M., Madhubani, subject to conditions under Section 437(3) Cr.P.C. / Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24951 of 2025

¶2

Arising Out of PS. Case No.-376 Year-2024 Thana- LADANIA District- Madhubani

¶3

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

¶4

Gurusharan Chaudhary S/o Ramashish Chaudhary R/o Vill.Kamlawari, P.S. - Jainagar, District - Madhubani

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

¶9

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

¶10

Appearance : For the Petitioner/s : Mr.Jagdish Pd. Singh, Advocate Mr.Bimal Kumar, Advocate For the Opposite Party/s : Mr.Raj Kishor Singh,APP

¶11

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

¶12

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

¶13

3 25-07-2025

¶14

Heard learned counsel appearing on behalf of the

¶15

petitioner and learned A.P.P. for the State.

¶16

Petitioner seeks bail in connection with Ladania

¶17

P.S. Case No. 376 of 2024 (G.R. No. 2582/2024) registered

¶18

for the offences under Sections 309(4) of the Bhartiya Nyay Sanhita, 2023.

¶19

The petitioner is named in the First Information

¶20

Report and is in custody since 12.11.2024.

¶21

Allegation against the petitioner is to commit

¶22

robbery and while committing so, looted cash of Rs. one Lakh

¶23

Nepali currency, one Oppo Mobile handset along with other co-accused persons.

¶24

It is submitted by learned counsel appearing on

¶25

Patna High Court CR. MISC. No.24951 of 2025(3) dt.25-07-2025 2/3

¶26

behalf of the petitioner that the petitioner, as a matter of coincident, was returning from his mother’s village on motorcycle of his maternal uncle namely, Siya Saran Chaudhary and as he arrived near to place of occurrence, he was apprehended by private person purely on the basis of suspicion and was later on hand over to police.

¶27

It is submitted that it is a case of arrest by private

¶28

person. It is pointed out that even upon spot arrest nothing incriminating, as alleged to be looted, was recovered from the person of this petitioner, which makes entire allegation doubtful on its face.

¶29

While concluding argument, it is submitted that investigation of this case is already completed, charge-sheet has been submitted, and as such, there is no chance of tampering with the evidence, and moreover, the petitioner is said to be involved in two more criminal cases of petty nature like excise case, where allegation is only of consuming liquor and on bail.

¶30

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

¶31

Patna High Court CR. MISC. No.24951 of 2025(3) dt.25-07-2025 3/3

¶32

Considering the aforesaid facts and

¶33

circumstances and by taking note of the fact as arrest of petitioner was made by private person, where upon spot arrest prima facie nothing incriminating as alleged to be looted was found from his possession, coupled with the fact that petitioner is in custody since 12.11.2024, where and investigation of this case is already completed, accordingly, above-named petitioner is directed 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 S.D.J.M., Madhubani/concerned court, in connection with Ladania P.S. Case No. 376 of 2024, subject to the condition as laid down under Section 437 (3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).

¶34

(Chandra Shekhar Jha, J)

¶35

Rajeev/-

¶36

U T

Gurusharan Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gurusharan 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

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Chandan Sah Vs The State of Bihar

Mohan Yadav Vs The State of Bihar

Sunita Devi @ Sunita Das Vs The State of Bihar

Suman Thakur @ Krishna Mohan Bhardwaj @ Krishna Mohan Bhandari Vs The State of Bihar

Amarnath Sharma Vs The State of Bihar

Amarjit Paswan Vs The State of Bihar