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Patna High Court

Shankar Choudhary @ Shankar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioner’s clean antecedents and lack of direct evidence linking him to the alleged snatching, regular bail should be granted.

Summary

The petitioner, Shankar Choudhary, applied for regular bail in a case where he was alleged to have participated in an attempt to snatch a bag containing Rs. 3,00,000 from an informant, leading to his arrest on 24-04-2025. The charges were under Sections 309(5) and 317(5) of the BNS and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner contended that no stolen property was recovered from him, there was no specific allegation of snatching against him, and he possessed a clean antecedent record. The court considered these facts, the absence of direct evidence against the petitioner, and his clean background. Accordingly, the court ordered his release on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount, subject to his cooperation in the trial. The bail was granted subject to compliance with the conditions stipulated by the learned ACJM of Danapur.

Issues considered

  • What is the appropriateness of granting regular bail to the petitioner under the provisions of the BNS and Arms Act?
  • Whether the petitioner’s clean antecedents and lack of direct evidence warrant bail?

Legislation cited

  • Arms Act — s. 25(1-B)(a), 26, 35
  • BNS — s. 309(5), 317(5)

Subjects

  • regular bail
  • criminal procedure
  • BNS
  • Arms Act
  • clean antecedents
  • theft attempt

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52857 of 2025
                       Arising Out of PS. Case No.-403 Year-2025 Thana- DANAPUR District- Patna
                 ======================================================
                 Shankar Choudhary @ Shankar Kumar S/o Late Bharat Chaudhary @ Bharat
                 Chaudhari R/o Ward No. 10, Katahari Muhalla, Kulharia, P.S.- Koilwar, Dist.
                 - Bhojpur, Bihar 802160

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Shankar Roy
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   08-01-2026                          Heard the learned counsel for the parties.

                                      2. This is an application for regular bail on behalf

                   of the petitioner for the offences alleged under Sections 309 (5)

                   and 317(5) of the BNS and Section 25(1-B) (a), 26 and 35 of the

                   Arms Act, registered in connection with Danapur P.S.Case No.

                   403 of 2025.

                                3. As per allegation, the petitioner along with other

                   accused persons tried to snatch the bag of the informant

                   containing Rs. 3,00,000/-. On chase by the police, the petitioner

                   and other accused persons were caught.

                                4. The learned counsel for the petitioner has submitted

                   that nothing has been recovered from the possession of the
           Patna High Court CR. MISC. No.52857 of 2025(4) dt.08-01-2026
                                                       2/2




                     petitioner. There is no allegation of snatching against him. The

                     petitioner is a person of clean antecedents and he is in custody

                     since 24.04.2025.

                                  5. Considering the above facts and circumstances,

                     especially the clean antecedents, 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 learned ACJM 1st Danapur in Danapur P.S. Case

                     No. 403 of 2025, subject to the condition that the petitioner shall

                     cooperate in the disposal of trial and make herself available as

                     and when required by the court.



                                          (Nawneet Kumar Pandey, J)
HR/-

U      T


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