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Patna High Court

Shashi Shekhar @ ChhoteyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to conditions under Section 438(2) CrPC.

Summary

The petitioner, Shashi Shekhar, feared arrest in a robbery case (Section 392 IPC) where the prosecution alleged that he, along with co‑accused, looted gold ornaments, a mobile phone and threatened the informant with a pistol. The police recovered a motorcycle and some gold ornaments from the house of co‑accused Pappu Kumar, but none were found on the petitioner, who has no prior criminal record. The petitioner contended that he was falsely implicated, the FIR was lodged against unknown persons, and pointed out that another co‑accused had already been granted anticipatory bail. The State opposed the bail application, arguing the seriousness of the allegations. The Court examined the facts, noted the lack of material recovered from the petitioner and his clean antecedents, and applied the provisions of Section 438(2) of the CrPC. Consequently, the Court granted anticipatory bail to the petitioner subject to a bail bond of Rs 10,000 and two sureties of equal amount.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in a case registered under Section 392 of the IPC.

Legislation cited

Subjects

  • anticipatory bail
  • robbery
  • IPC 392
  • Section 438 CrPC
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14072 of 2026
                        Arising Out of PS. Case No.-139 Year-2023 Thana- SIGAUDI District- Patna
                 ======================================================
                 Shashi Shekhar @ Chhotey Son of Late Satendra Kumar Resident of Village
                 -Serkuna PS -Dulhin Bazar District -Patna
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Kalyan Shankar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends arrest in Sigori P.S. Case

                   No. 139 of 2023, registered under Section 392 of the Indian

                   Penal Code.

                                3. The prosecution case, in short, is that, the accused

                   persons including the petitioner looted gold ornaments and

                   mobile etc. from the informant and threatened him with the

                   pistol. It is further alleged that the police has recovered one of

                   the motorcycles used in the alleged loot from the house of

                   coaccused Pappu Kumar. Some looted gold ornaments were also

                   recovered from the possession of the co-accused Pappu Kumar.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
           Patna High Court CR. MISC. No.14072 of 2026(2) dt.12-03-2026
                                                       2/2




                     present case. Learned counsel for the petitioner also submits that

                     the FIR is against unknown. The looted articles and motorcycle

                     have been recovered from the house of co-accused Pappu

                     Kumar. No looted articles were recovered from the possession

                     of the petitioner. The petitioner has got no criminal antecedent.

                     Learned counsel for the petitioner further submits that other co-

                     accused has been granted anticipatory bail by this Bench vide

                     order dated 20.07.2024 passed in Cr. Misc. No.52989 of 2024.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances,

                     let the petitioner, above named in the event of arrest/surrender

                     before the learned Court below within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sigori P.S. Case No.

                     139 of 2023, subject to the conditions as laid down under

                     Section 438(2) of the Code of Criminal Procedure.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T


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