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Patna High Court

Bharat ChauhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Bharat Chauhan was arrested in connection with a Noorsarai police case involving offences under IPC sections 341, 323, 385, 506, 386 and Arms Act section 27. He applied for regular bail after his first bail petition was rejected, the court having allowed a renewal if the prosecution failed to produce non‑official witnesses within a year. More than a year had elapsed and the prosecution had examined only three of six witnesses, leaving a non‑official witness unproduced. Although the State highlighted the petitioner’s prior criminal record, the court noted the prolonged custody of over two years and the prosecution’s inaction. Consequently, the court granted bail on a bond of Rs 20,000 with two sureties, ordering his release.

Issues considered

  • Whether bail should be granted when the prosecution fails to produce non‑official witnesses within the time prescribed by the trial court.
  • Whether the petitioner’s criminal antecedents justify denial of bail despite procedural delays.
  • Whether the nature of the offences (extortion, intimidation, etc.) warrants continued detention.

Legislation cited

Subjects

  • bail
  • non‑official witness
  • trial delay
  • criminal antecedents
  • extortion
  • Indian Penal Code
  • Arms Act
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75024 of 2025
                     Arising Out of PS. Case No.-452 Year-2023 Thana- NOORSARAI District- Nalanda
                 ======================================================
                 Bharat Chauhan, S/o - Chauthi Chauhan @ Saukhi Jamadar, Resident of
                 Village - Prahlad Nagar, P.S. - Noorsarai, Dist. - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shambhu SN Singh, Adv.
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

5   09-01-2026                   Heard Mr. Shambhu SN Singh, learned counsel for

                   the petitioner and Mr. Satya Nand Shukla, learned APP for the

                   State.

                                2. Petitioner seeks regular bail in connection with

                   Noorsarai P.S. Case No. 452 of 2023 dated 22.09.2023

                   registered for the offences punishable under sections 341, 323,

                   385, 506 and 386 of the Indian Penal Code and section 27 of the

                   Arms Act.

                                3. The main submissions advanced by petitioner’s

                   counsel are that this is the second attempt of the petitioner to get

                   the relief of bail and his first prayer was rejected by this Court

                   vide order dated 26.07.2024 passed in Cr. Misc. No. 33424 of

                   2024 and while rejecting his first prayer, this Court has given

                   him a liberty to renew his bail prayer either after the
Patna High Court CR. MISC. No.75024 of 2025(5) dt.09-01-2026
                                            2/3




          examination of non-official witnesses in his trial or after a

          period of one year if the prosecution fails to produce the non-

          official witnesses and in the light of the said liberty, the

          petitioner has renewed his prayer as even after the lapse of one

          year, the prosecution has failed to produce the non-official

          witness of the prosecution, however, out of six witnesses shown

          in the chargesheet, three witnesses have been examined till now

          and out of remaining three witnesses, there is only one non-

          official witness and further, there is no serious allegation against

          the petitioner and the matter relates to the extortion demand and

          the petitioner has been languishing in jail since 08.11.2023.

                       4. Learned APP for the State has opposed the prayer

          of the petitioner and submits that there are several criminal

          antecedents of the petitioner.

                       5. Heard both the sides. Though against the petitioner,

          there are several criminal antecedents but considering his

          present custody period which has been about two years and two

          months and further, the prosecution has failed to produce the

          non-official witness before the trial court despite having got

          sufficient time of more than one year, which shows lingering

          attitude of the prosecution in the trial of the petitioner, this Court

          is now inclined to release the petitioner on bail. Accordingly, let
             Patna High Court CR. MISC. No.75024 of 2025(5) dt.09-01-2026
                                                         3/3




                       the petitioner named-above be released on bail on furnishing

                       bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                       sureties of the like amount each to the satisfaction of the court

                       concerned in connection with Noorsarai P.S. Case No. 452 of

                       2023.



                                                 (Shailendra Singh, J)

annu/-

U        T


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