Patna High Court
Shashi Shekhar @ ChhoteyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 392
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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