Patna High Court
Shatrudhan Kumar @ KaliaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Shatrudhan Kumar, sought bail in a case registered as Bairgania P.S. Case No. 143 of 2023 for alleged offences under Sections 386 and 387 of the Indian Penal Code. The prosecution alleged that two unknown miscreants attempted extortion at a shop, fled on hearing police, and the petitioner was implicated based on a co‑accused’s confessional statement, not being named in the FIR. The petitioner, in custody since 24‑03‑2025, claimed false implication, highlighted a four‑day delay in filing the FIR, and pointed to the grant of bail to a co‑accused in a similar matter. The State opposed bail, citing the petitioner’s five prior criminal antecedents. Considering the charge sheet’s submission, the petitioner’s custody period, and parity with the co‑accused, the Court inclined to grant bail, imposing a Rs.15,000 bond with two sureties and conditions of appearance. The bail was ordered subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 386 and 387 IPC despite prior criminal antecedents.
- Whether the petitioner’s alleged false implication, non‑naming in the FIR and delay in FIR filing affect the bail decision.
- Whether the submission of the charge sheet and the bail granted to a co‑accused create a parity that warrants bail for the petitioner.
Legislation cited
- Indian Penal Code — s. 386, 387
Subjects
- bail
- IPC Section 386
- IPC Section 387
- false implication
- charge sheet
- criminal antecedents
- surety
- parity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72995 of 2025
Arising Out of PS. Case No.-143 Year-2023 Thana- BARGAINIA District- Sitamarhi
======================================================
Shatrudhan Kumar @ Kalia Son of Umesh Singh Resident of Village -
Musachak, P.S. - Bairgani, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the State : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 02-02-2026 Heard Mr. Birendra Kumar, learned counsel for the
petitioner and Ms. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with
Bairgania P.S. Case No. 143 of 2023 instituted for the offence
under Sections 386 & 387 of the Indian Penal Code.
3. As per prosecution case, two unknown miscreants
came at the Kirana shop of the informant and, on the point of
pistol, they tried to extort money from him but, on hearing the
sound of police vehicle, the miscreants fled away from there.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 24.03.2025. Petitioner
bears five criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
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5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of confessional statement of co-
accused, namely, Dhiraj Kumar. There is delay of four days in
lodging the FIR. Petitioner was not put on T.I.P. Charge sheet
has already been submitted in this case. Other co-accused has
been granted bail by this Court vide order dated 05.10.2024,
passed in Cr. Misc. No. 71127 of 2024.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity and charge sheet being submitted, this Court is inclined to
grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Bairgania P.S. Case No. 143 of 2023, subject
to the following conditions:
(I) One of the bailors shall be own/close member of the
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family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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