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Patna High Court

Butai Choudhary @ Rajendra ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.85420 of 2025(2) dt.06-01-2026
                                            2/4




          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
Patna High Court CR. MISC. No.85420 of 2025(2) dt.06-01-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.85420 of 2025(2) dt.06-01-2026
                                                       4/4




                     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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