Santosh Kumar Chaudhary @ Santosh Chaudhari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Santosh Kumar Chaudhary @ Santosh Chaudhari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted; petitioner directed to be released in connection with Sirdala P.S. Case No. 264 of 2016 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Nawada.

Issue for consideration

Whether the petitioner, charged along with 62 others in Sirdala P.S. Case No. 264 of 2016 (offences under Sections 147, 148, 149, 341, 323, 379, 427, 436, 504, 506, 387 IPC, Section 27 Arms Act and Sections 15, 18, 19, 20 U.A.P. Act) for alleged extremist levy demand, burning of vehicles and assault, is entitled to regular bail, having regard to the general and omnibus nature of the allegations, his custody since 16.05.2025 and bail already granted to similarly situated co-accused.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court was inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail in connection with Sirdala P.S. Case No. 264 of 2016 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 ACJM-IV, Nawada.

Detailed headnote1 paragraphs

Criminal Miscellaneous (Regular Bail) - Patna High Court - Offences under Sections 147, 148, 149, 341, 323, 379, 427, 436, 504, 506 and 387 IPC, Section 27 Arms Act and Sections 15, 18, 19, 20 U.A.P. Act - Sirdala P.S. Case No. 264 of 2016, Nawada - Written report by Vinod Kumar Yadav, proprietor of M/s. Vinod Kumar Yadav Construction Agency constructing a Railway Bridge, that extremists under the leadership of Praduman Sharma demanded levy and, on his inability, burnt four vehicles and assaulted his staff Kailash Yadav and other labourers; informant named 63 accused including the petitioner - Defence: allegations general and omnibus; implausibility of accused calling each other by name and of informant recalling 63 names; several similarly situated co-accused already granted bail (Annexure-P/2); petitioner in judicial custody since 16.05.2025 - Held: considering facts and circumstances, petitioner enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of learned ACJM-IV, Nawada (Ashok Kumar Pandey, J.) (Oral Order dated 16-01-2026).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89554 of 2025

Arising Out of PS. Case No.-264 Year-2016 Thana- SIRDALA District- Nawada

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

Santosh Kumar Chaudhary @ Santosh Chaudhari S/O Sukhi Chaudhary R/O Village- Parshurampur, P.S- Parasi, Distt.- Arwal.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 16-01-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 379, 427, 436, 504, 506 and 387 of the Indian Penal Code and Section 27 of the Arms Act and Sections 15, 18, 19 and 20 of U.A.P. Act.

As per written report, Vinod Kumar Yadav sustained injury at the place of occurrence who was proprietor of M/s. Vinod Kumar Yadav Construction Agency. He was constructing Railway Bridge. He informed the police that under the leadership of Praduman Sharma, extremists demanded levy earlier in lieu to construction of Railway Bridge and when he saw his inability, extremists burnt four vehicles, assaulted and

Patna High Court CR. MISC. No.89554 of 2025(2) dt.16-01-2026 2/3

injured his staff Kailash Yadav and other labourers. He dislcosed that in course of assault and burning, the extremists were calling each other with their names. He further disclosed the name of 63 accused persons including the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsels for the petitioners have submitted that it is not palpable that accused persons while committing the offence will call each other with their names and it is also not palpable that one may remember the names of 63 persons. The nature of allegation is general and omnibus. It has further been submitted by learned counsel for the petitioner that similarly situated several co-accused persons have already been granted bail by this Court vide Annexure-P/2 of this petition. Moreover, the petitioner is languishing in judicial custody since 16.05.2025.

Learned APP appearing for the State has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with

Patna High Court CR. MISC. No.89554 of 2025(2) dt.16-01-2026 3/3

Sirdala P.S. Case No. 264 of 2016 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Nawada.

(Ashok Kumar Pandey, J)

Shubham/-

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