Patna High Court
Satrajeet Chaudhary @ Sarvajeet Chaudhary @ SatarjeetversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to the conditions specified under Section 480(3) of the BNSS.
Summary
The petitioner, Satrajeet Chaudhary, applied for bail in a robbery case (Section 392 IPC) where he was implicated solely on the basis of a co-accused's confessional statement. No incriminating material was recovered from him, and he had been in custody since September 2025 with a charge‑sheet already filed. The State opposed bail, but the court noted the lack of direct evidence, the grant of bail to similarly situated co‑accused, and the length of custody. Considering these factors, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also required a close relative as one bailor and compliance with court dates, with cancellation provisions for violations.
Issues considered
- Whether bail can be granted to an accused under Section 392 IPC when the only evidence is a co‑accused's confessional statement and no material has been recovered.
- Whether the period of custody and filing of the charge‑sheet justify the grant of bail.
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the bail order.
Legislation cited
- Bihar Negotiable Instruments Act — s. 480(3)
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- confessional statement
- co‑accused
- Section 480(3) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1463 of 2026
Arising Out of PS. Case No.-11 Year-2021 Thana- BAGHA District- West Champaran
======================================================
Satrajeet Chaudhary @ Sarvajeet Chaudhary @ Satarjeet S/o Late Brahmdeo
Chaudhary @ Bramdeo Chaudhary R/o Village- Paras Nagar Chautarwa, P.S.-
Chautarwa, Dist- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kishore Choudhary, Advocate
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Bagaha P.S. Case No. 11 of 2021 registered for
the alleged offences under Section 392 of the Indian Penal
Code.
03. As per prosecution case, two miscreants, at
gunpoint, snatched a bag containing Rs. 1,83,797/- apart from a
Samsung Tablet and a mobile phone from the informant. The
name of the petitioner transpired during investigation for being
involved in the said occurrence.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.1463 of 2026(2) dt.15-01-2026
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case and nothing incriminating has been recovered from the
person or possession of the petitioner. The name of petitioner
came up in this case in the confessional statement of co-accused
Rajan Chaudhary who also named co-accused Shahjad Ansari,
who has been granted bail by a Co-ordinate Bench vide order
dated 20.08.2025 passed in Criminal Misc. No. 56138 of 2025.
The petitioner has been dragged in this case merely on suspicion
on the basis of confessional statement of co-accused and there is
no material against the petitioner. The petitioner is having
antecedent of 19 cases and is on bail in all those cases. The
petitioner is in custody since 02.09.2025 and charge-sheet has
been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
grant of bail to similarly placed co-accused and further
considering the period of custody of the petitioner along with
submission of charge-sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Patna High Court CR. MISC. No.1463 of 2026(2) dt.15-01-2026
3/3
Magistrate-I, Bagaha, West Champaran/court concerned in
connection with Bagaha P.S. Case No. 11 of 2021, subject to the
conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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