Patna High Court
Sunil ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs. 10,000 and specified conditions.
Summary
The petitioner, Sunil Choudhary, was arrested on 14 January 2026 in connection with a 2018 theft case (Case No. 356) under Section 379 of the Indian Penal Code for the alleged stealing of a motorcycle. The prosecution’s case is based on the confessional statements of co‑accused Pintu and Devanand and the recovery of the motorcycle from the petitioner’s house, although the petitioner’s name does not appear in the FIR. The petitioner contended that he was falsely implicated, that the investigation violated Sections 103 and 105 of the B.N.S, and that he has no prior involvement in this offence. The State opposed bail, citing five prior criminal antecedents, but the petitioner was already out on bail for those matters. The court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner in a theft case under Section 379 IPC given the circumstances of the investigation and recovery of the vehicle.
- Whether non‑compliance of Sections 103 and 105 of the B.N.S affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- B.N.S. — s. 103, 105
- Indian Penal Code — s. 379
Subjects
- bail
- theft
- Section 379 IPC
- criminal antecedent
- procedural compliance
- confessional statements
- motorcycle theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17719 of 2026
Arising Out of PS. Case No.-356 Year-2018 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Sunil Choudhary S/o- Vijay Choudhary R/v- Sherghati Chati Ps- Sherghati
Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Dilip Kumar Roy, learned counsel for
the petitioner as well as Ms. Anita Kumari, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.01.2026 in connection with Aurangabad Town P.S. Case No.
356 of 2018, F.I.R. dated 28.11.2018 for the offences punishable
under Sections 379 of the Indian Penal Code.
3. According to prosecution case, it is alleged that
some unknown person stole his motorcycle when the informant
parked it near a shop.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the FIR and his name
Patna High Court CR. MISC. No.17719 of 2026(2) dt.17-03-2026
2/3
transpired during investigation on the basis of confessional
statement of co-accused, Pintu and Devanand and thereafter one
motorcycle was recovered from the house of the petitioner. He
further submits that there is non-compliance of Section 103 and
105 of B.N.S.S and the petitioner is in custody since
14.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries five criminal antecedents
other than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Aurangabad in connection with Aurangabad
Town P.S. Case No. 356 of 2018, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.17719 of 2026(2) dt.17-03-2026
3/3
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…