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Patna High Court

Suresh Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail, subject to bond and surety conditions, despite the trial delay.

Summary

The petitioner, Suresh Kumar Chaudhary, sought bail after being in custody since May 2022, contending that the trial had been delayed beyond the nine‑month period ordered by the court and that a co‑accused had been granted bail. He argued that he was not named in the FIR, had a clean antecedent, and that the case should have been split as directed. The State opposed the bail application. The court noted the prolonged delay, the petitioner’s clean record, and the fact that a co‑accused had been released on bail, and therefore ordered bail on condition of a Rs.10,000 bond with two sureties. The bail was conditioned on the petitioner’s cooperation with the trial and appearance on all dates, with the possibility of cancellation for non‑appearance.

Issues considered

  • Whether the petitioner is entitled to bail despite the trial exceeding the nine‑month period directed by the court
  • Whether the petitioner’s non‑inclusion in the FIR and clean antecedents justify granting bail
  • Whether the bail of a co‑accused influences the decision on the petitioner’s bail

Subjects

  • bail
  • pre‑trial detention
  • trial delay
  • criminal procedure
  • co‑accused
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79265 of 2025
                         Arising Out of PS. Case No.-223 Year-2022 Thana- PIRO District- Bhojpur
                 ======================================================
                 Suresh Kumar Chaudhary S/o Hareram Chaudhary R/o Village- Saneh Tala,
                 P.S.- Piro, Distt.- Bhojpur
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs.Kumari Sujata Sinha, Adv.
                 For the State            :        Mr.J.N. Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   13-02-2026                   Heard the learned counsel for the petitioner as well as

                   learned APP for the State.

                                 2. Learned counsel for the petitioner has submitted

                   that while rejecting the prayer for bail of the petitioner vide

                   order dated 22.11.2024 passed in Cr. Misc. No. 65867 of 2023,

                   this court directed to split up the case of the petitioner and shall

                   take every endeavour to dispose of the trial within a period of

                   nine months. He has further submitted that after the lapse of

                   more than two years, the trial is still pending. He has also

                   submitted that the case of the petitioner is on better footing than

                   that of co-accused Satendra @ Malakh Singh, who was granted

                   bail by a co-ordinate Bench of this Court. Co-accused Satendra

                   @ Malakh Singh was named in the FIR, whereas the petitioner

                   was not named in the FIR. The petitioner is a person of clean
           Patna High Court CR. MISC. No.79265 of 2025(4) dt.13-02-2026
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                     antecedents and has been in custody since 04.05.2022.

                                  3. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  4. Considering the above-mentioned facts and

                     circumstances, let the petitioner above-named be released on

                     bail on furnishing bail bonds of Rs.10,000/- with two sureties

                     of the like amount each to the satisfaction of learned ACJM-VII,

                     Bhojpur, Ara/concerned court in connection with Piro P.S. Case

                     No. 223 of 2022, subject to the condition that:-

                                  5. The petitioner shall cooperate in the disposal of

                     the trial and make himself available on each and every date

                     fixed at the trial, and if he fails to appear on any one date

                     without any reason or unavoidable circumstances, the

                     learned court below shall be at liberty to cancel his bail

                     bond.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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