Patna High Court
Shankar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner, directing release on a bail bond of Rs.20,000 with two sureties.
Summary
Shankar Chaudhary was arrested in connection with Sirdalla Police Station Case No. 336 of 2025 for alleged offences under sections 317(4) and 317(5) of the BNS, relating to the recovery of parts of a motorcycle from a nearby abandoned bathan. He has been in custody since 2 September 2025 despite having four other criminal cases in which bail was previously granted. The petitioner argued that the investigation was complete, the alleged theft was of parts recovered from a location not owned by him, and his prolonged detention was unwarranted. The State opposed the bail application. Considering the length of custody, the completion of investigation, and the circumstances of the alleged offence, the court inclined to release the petitioner on regular bail, directing a bail bond of Rs.20,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the petitioner under sections 317(4) and 317(5) of the BNS given the completed investigation and the period of custody.
Legislation cited
- BNS — s. 317(4), 317(5)
Subjects
- regular bail
- sections 317
- BNS
- motorcycle theft
- investigation completed
- custody period
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86060 of 2025
Arising Out of PS. Case No.-336 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Shankar Chaudhary S/O Late Mahendra Chaudhary R/O Village- Jandhaul,
P.S- Sirdalla, Dist- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Adv.
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Birendra Kumar, learned counsel for the
petitioner and Mr. Tarun Prasad Mandal, learned APP for the
State.
2. Petitioner seeks regular bail in connection with
Sirdalla P.S. Case No. 336 of 2025 dated 01.09.2025 registered
for the offences punishable under sections 317(4) and 317(5) of
the BNS.
3. The main submissions advanced by the petitioner’s
counsel are that petitioner has been languishing in jail since
02.09.2025 though against him there are criminal antecedents of
four cases but he has been granted bail in all the said cases, the
instant matter relates to the recovery of some parts of
motorcycle and merely on that basis petitioner has been
suspected to be involved in motorcycles theft but the said
Patna High Court CR. MISC. No.86060 of 2025(2) dt.09-01-2026
2/2
recovery is alleged to have been made from a bathan situated
adjacent to the petitioner’s house which is also an abandoned
place and not owned by the petitioner and further, the
investigation has been completed against the petitioner.
4. Learned APP for the State has opposed the bail
prayer of the petitioner.
5. Considering the petitioner’s custody period and
completion of investigation against him as well as aforesaid
submissions, this court is inclined to release the petitioner on
bail. Accordingly, let the petitioner named-above be released on
bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the court concerned in connection with Sirdalla
P.S. Case No. 336 of 2025.
(Shailendra Singh, J)
siddharthkr/-
U T
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