Patna High Court
Sarvajeet Chaudhary @ Satrajeet Chaudhary @ Ajay Chaudhary @ Sadhu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sarvajeet Chaudhary, was charged in a case involving the robbery of a State Bank of India branch and assault of bank staff, alleged under Sections 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution’s case is that unknown persons, on gunpoint, looted Rs. 8,29,655 and assaulted employees, with the petitioner’s name being supplied by co‑accused Raja Kumar. The petitioner contended that he was not named in the FIR, no material was recovered from him, and his implication was solely based on his criminal antecedents and the co‑accused’s statement. The State opposed bail, but the court noted that other co‑accused had been granted bail and that no trial‑in‑process (T.I.P.) had been conducted. After considering the circumstances, the court ordered the petitioner’s release on bail with a cash bond of Rs. 10,000 and two sureties, subject to several conditions regarding attendance, cooperation, and non‑tampering with evidence. The order also required the petitioner to report to the police station regularly until the trial concludes.
Issues considered
- Whether bail should be granted to the petitioner accused of robbery and assault under IPC Sections 395, 397 and Arms Act Section 27.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 395, 397
Subjects
- bail
- robbery
- assault
- Indian Penal Code
- Arms Act
- criminal procedure
- false implication
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4556 of 2026
Arising Out of PS. Case No.-377 Year-2022 Thana- BAIRIYA District- West Champaran
======================================================
Sarvajeet Chaudhary @ Satrajeet Chaudhary @ Ajay Chaudhary @ Sadhu
Chaudhary, Son of Late Brahmdeo 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. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Bairiya
P.S. Case No. 377 of 2022 dated 07.12.2022, giving rise to S. Tr.
No. 336 of 2023 instituted for the offence punishable under
Sections 395, 397 of the Indian Penal Code and Section 27 of the
Arms Act.
3. The prosecution case, in short, is that some unknown
persons looted away cash amounting to Rs. 8,29,655/- from the
State Bank of India on gunpoint. They also assaulted the informant
and other employees of the bank.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner submits that the petitioner
Patna High Court CR. MISC. No.4556 of 2026(2) dt.28-01-2026
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is not named in the F.I.R. The F.I.R. has been lodged against the
unknown persons. Co-accused, Raja Kumar disclosed the name of
the petitioner as one of the associates in the alleged occurrence.
On that basis, the petitioner has been made accused in this case.
The said Raja Kumar has been granted bail by co-ordinate Bench
of this Court vide order dated 31.08.2023 passed in Criminal
Miscellaneous No. 55875 of 2023. It is further submitted that
nothing has been recovered either from the conscious possession
of the petitioner or from his house. The petitioner has been made
accused in this case only on the basis of his criminal antecedents.
Learned counsel for the petitioner also submits that other similarly
situated co-accused have been granted bail by co-ordinate Bench
of this Court vide Annexure-3 series. It is further submitted that no
T.I.P. has been conducted as yet. Lastly, it has been submitted that
the petitioner is in custody since 19.01.2023 having fourteen
criminal cases against him in which the petitioner is on bail.
Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
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to the satisfaction of the learned Xth District and Additional
Sessions Judge, Bettiah, West Champaran in Bairiya P.S. Case No.
377 of 2022 giving rise to S.Tr. No. 336 of 2023, subject to the
following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. 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.
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5. The petitioner within two weeks after his release
from custody shall appear before the local police
station along with a copy of this order and thereafter
shall appear in the first week of every month to mark
his attendance till the conclusion of trial.
(Khatim Reza, J)
premchand/-
U T
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