Patna High Court

Sharwan Chaudhary @ Sharwan KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner with conditions.

Summary

The petitioner, Sharwan Chaudhary, was arrested in connection with a case registered under Sections 341, 323, 386, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act, alleging that he and others demanded extortion at a shop, broke a cash box, stole Rs. 67,800 and discharged a firearm. The petitioner claimed he was falsely implicated, argued that no specific overt act was alleged against him, and pointed to a similar co‑accused who had been granted anticipatory bail. The State opposed bail, highlighting the petitioner’s alleged involvement in twelve prior criminal cases. After hearing both sides, the Court considered the nature of the allegations, the petitioner’s custody since July 2025, and the precedent of bail to the co‑accused. The Court ordered that the petitioner be released on bail subject to a Rs. 10,000 bond, two sureties, weekly attendance at the police station and cooperation in the trial.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
Whether the allegations constitute a specific overt act sufficient to deny bail.
Whether the petitioner’s prior criminal antecedents preclude bail.
Whether the grant of anticipatory bail to a co‑accused is persuasive in this case.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 323, 34, 341, 386, 504, 506

Subjects

bail
criminal procedure
Indian Penal Code
Arms Act
extortion
anticipatory bail
prior criminal record
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5639 of 2026
                     Arising Out of PS. Case No.-421 Year-2024 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Sharwan Chaudhary @ Sharwan Kumar Anandi Chaudhary R/O Vill.-
                 Bhadeja, P.S.- Mufassil, Distt.- Gaya             … ... Petitioner/s
                                                     Versus
                 The State of Bihar                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priya Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Gaya Muffasil P.S. Case No. 421 of 2024 registered for the offence

                   punishable under Sections 341, 323, 386, 504 & 506/34 of the

                   Indian Penal Code and under Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that as

                   informant was at his shop, the petitioner along with other five

                   named and six-seven unknown persons arrived at his shop and

                   demanded rangdaari. It is further alleged that Ranjan Paswan took

                   Rs.67,800/- from the cash box after breaking the same and also

                   fired.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner has further submitted that the nature of
            Patna High Court CR. MISC. No.5639 of 2026(2) dt.06-02-2026
                                                        2/2




                      allegation is general and omnibus. There is no specific overt act

                      alleged against him. It has further been submitted that similarly

                      situated co-accused Raja Paswan has been granted anticipatory

                      bail by this Court in Cr. Misc. No. 83066 of 2024. The case of this

                      petitioner stands on similar footing. Learned counsel for the

                      petitioner has further submitted that the petitioner is languishing in

                      judicial custody since 15.07.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the application for bail and has submitted that the

                      petitioner is having criminal antecedent of 12 cases.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail with the condition that the

                      petitioner shall mark his weekly attendance in Gaya Muffasil P.S.

                      and shall co-operate in the trial. The above named petitioner is

                      directed to be enlarged on bail on furnishing bail bond of Rs.

                      10,000/- (Rs. ten thousand only) with two sureties of the like

                      amount each to the satisfaction of the learned C.J.M., Gaya Ji in

                      connection with Gaya Muffail P.S. Case No. 421 of 2024.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

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