Patna High Court
Butai Choudhary @ Rajendra ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that bail may be granted despite a prior cancellation if the accused was unaware of the cancellation and appropriate safeguards are imposed.
Summary
The petitioner, Butai Choudhary, was charged under Section 395 of the Indian Penal Code for alleged dacoity involving robbery with a revolver. He had previously been released on bail, which was cancelled in 2019 due to his non‑appearance, but he claimed he was unaware of the cancellation as he was out of town. Seeking bail again, he argued that he had not received any summons or warrant. The Additional Public Prosecutor opposed the bail, citing the seriousness of the offence and the prior cancellation. The court, after hearing both sides, granted bail on a bond of Rs 10,000 with two sureties, imposing several conditions including regular reporting to the Superintendent of Police and verification of his criminal antecedents. The order also stipulated that any breach of conditions could lead to cancellation of the bail.
Issues considered
- Whether bail can be granted to an accused whose earlier bail was cancelled for non‑appearance.
- Whether the petitioner’s claim of unawareness of the cancellation justifies release on bail despite the seriousness of the offence under Section 395 IPC.
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- Section 395 IPC
- dacoity
- cancellation of bail
- Criminal Procedure Code
- conditions of release
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85420 of 2025
Arising Out of PS. Case No.-99 Year-2011 Thana- GURUA District- Gaya
======================================================
Butai Choudhary @ Rajendra Choudhary S/O Kuleshwar Choudhary @
Rambriksh Chaodhary @ Kuleshwar Chudhari Resident of Village-
Bishunpura, Khap, Bhuiya Toli, P.S.- Cherki, District- Gaya, State- Bihar,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh, Adv.
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with
Gurua P.S. Case No. 99 of 2011 (S. Tr. No. 358 of 2013,
285 of 2023), dated 01.10.2011, instituted for the offences
under Section 395 of the I.P.C.
3. As per prosecution case, the informant has
alleged that 10-12 unknown persons entered in his house
and on the point of revolver looted away clothes, mobile
phone, money and ornaments.
4. Learned counsel for the petitioner at the outset
submits that the petitioner was initially on bail in the
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present case. However, on account of non- appearance, his
bail bond was cancelled on 22.06.2019. It has next been
submitted that the petitioner was not aware about
cancellation of his bail bond and no summon or warrant was
received by him, as he was out of the town with regard to
earning his livelihood. The petitioner is in custody since
08.09.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions, the
petitioner above named, is directed to be released on bail on
furnishing bail-bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District & Additional Sessions
Judge-1st, Sherghati, Gaya in connection with Gurua P.S.
Case No. 99 of 2011 (S.Tr. No. 358 of 2013, 285 of 2023),
subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
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learned Trial Court.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be canceled by the Court
concerned.
(iv) And further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned
order shall not be delayed for purpose of the same or in the
name of verification.
(v). In view of the antecedents of the petitioner,
the petitioner is directed to appear before the
Superintendent of Police, within fifteen days of his release
with a copy of this order and every two weeks thereafter for
the next nine months. The conduct of the petitioner will be
kept under watch in this period by the Superintendent of
Police concerned and if it is found wanting in any respect, a
report shall be made to the court concerned by him to
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initiate a proceeding for cancellation of bail for reasons of
misuse of bail. After reporting to the Superintendent of
Police, a certificate will be filed by the petitioner before the
court concerned.
7. It is made clear that the observations, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
pravinkumar/-
U T
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