Patna High Court
Suresh Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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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