Patna High Court
Shankar Choudhary @ Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
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
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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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