Created by Fuzzy Cloud

Patna High Court

Mukesh ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding no prima facie evidence linking him to the alleged dacoity.

Summary

Mukesh Chaudhary was arrested in connection with a dacoity alleged to have taken place at M/s Spandan Sphurti Finance Limited, where Rs. Seven Lakhs was allegedly looted at gunpoint. The petitioner was not named in the FIR and his alleged involvement rests solely on the confessional statement of a co‑accused, with no incriminating material recovered from his possession. He had been in custody since 5 August 2025 and sought bail, arguing that his criminal antecedents, derived similarly from co‑accused confessions, should not preclude bail. The State opposed the bail application. The Court observed that, apart from suspicion, there was no prima facie evidence linking the petitioner to the crime and that the investigation was complete, and therefore ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 437(3) Cr.P.C. and Section 480(3) B.N.S.S.

Issues considered

  • Whether bail should be granted to the petitioner under Section 310(2) of the Bhartiya Nyay Sanhita when the only evidence is a co‑accused's confession and no material is recovered.
  • Whether the petitioner’s prior criminal antecedents, based on similar confessional evidence, justify denial of bail.

Legislation cited

Subjects

  • bail
  • dacoity
  • confessional statement
  • evidentiary value
  • criminal antecedents
  • Section 310(2) B.N.S.
  • Section 437(3) CrPC
  • Section 480(3) B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7890 of 2026
                  Arising Out of PS. Case No.-378 Year-2024 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Mukesh Chaudhary S/O Late Suresh Chaudhary R/o Vill.- Jura Pakari,
                 Bhairoganj, P.S.- Ramnagar, District- West Champaran
                                                                             ... ... Petitioner
                                                    Versus
                 The State of Bihar Patna
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Umesh Kumar Gupta, Advocate
                 For the Opposite Party/s :       Mr.Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   12-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. for the State.

                               2. The accused/petitioner seeks bail in connection with

                   Harsidhi P.S. Case No. 378 of 2024 registered for the offences

                   under Sections 310(2) of the Bhartiya Nyay Sanhita, 2023 (in

                   short, the ‘B.N.S.’).

                               3. The accused/petitioner is not named in the First

                   Information Report and is in custody since 05.08.2025.

                               4. Allegation against the petitioner is to commit dacoity

                   along with other accused persons in M/s Spandan Sphurti Finance

                   Limited, Motihari, where during the occurrence cash of Rs. Seven

                   Lakhs was looted on the gun point. It is alleged that face of all the

                   accused persons were masked either by cloth or by the helmet.

                               5. It is submitted by learned counsel appearing on behalf
Patna High Court CR. MISC. No.7890 of 2026(2) dt.12-02-2026
                                            2/3




          of the petitioner that name of this petitioner transpired in the

          alleged occurrence only on the basis of confessional statement of

          co-accused namely, Anish Raj, in furtherance of which, no

          incriminating material appears recovered from possession of this

          petitioner as to connect him prima facie with the present crime in

          question. It is submitted that petitioner was not put on TIP as yet.

                      6. Explaining criminal antecedents of the petitioner, it is

          submitted that petitioner found involved in eight more criminal

          cases and in maximum of these cases, his name transpired only on

          the basis of confessional statement of apprehended co-accused as

          of present case having no evidentiary value in law.

                      7. It is submitted that ordinarily prayer of bail of the

          petitioner should not be rejected on the ground of criminal

          antecedents alone, if merits of the case otherwise convincing in

          favour of the accused/petitioner. In support of his submission,

          learned counsel relied upon the legal report of Hon’ble Supreme

          Court as available through Prabhakar Tewari Vs. State of U.P.

          and Another reported in (2020) 11 SCC 648.

                      8. Learned A.P.P. for the State has opposed the prayer

          for bail of the petitioner.

                       9. In view of aforesaid factual submission and by taking

          note of the fact as save and except suspicion prima-facie nothing
           Patna High Court CR. MISC. No.7890 of 2026(2) dt.12-02-2026
                                                       3/3




                     incriminating appears against petitioner as to connect him with

                     present crime in question, coupled with the fact that petitioner

                     remains in custody since 05.08.2025, where investigation of this

                     case is already completed, accordingly, above-named petitioner is

                     directed to be released on bail, furnishing bail bond of Rs.

                     10,000/- (Rupees Ten Thousand only) with two sureties of the like

                     amount each to the satisfaction of learned Judicial Magistrate - 1 st

                     Class, East Champaran/concerned court, in connection with

                     Harsiddhi P.S. Case No. 378 of 2024, subject to the condition as

                     laid down under Section 437(3) Cr.P.C/Section 480(3) of the

                     Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.