Patna High Court
Ram Awatar Choudhary @ Ram Awatar ChouhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that the sole reliance on a co‑accused’s confession did not justify continued detention.
Summary
The petitioner, Ram Awatar Choudhary, was arrested in connection with a robbery of Rs 1,00,000 alleged to have occurred on 25 September 2024, based solely on the confessional statement of a co‑accused, Dablu Choudhary. The petitioner contended that he had no involvement, no criminal antecedent, and that no material evidence or recovery was made against him, having been in judicial custody since 9 October 2025. The State opposed bail, relying on the co‑accused’s statement that implicated the petitioner. After hearing both sides, the Court considered the lack of independent evidence and the petitioner’s claim of innocence. The Court consequently ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Buxar.
Issues considered
- Whether bail can be granted when the only incriminating material is the confessional statement of a co‑accused.
- Whether the offence under Section 309(4) of the B.N.S., 2023 is bailable in the circumstances.
- Whether the petitioner poses a flight risk or danger to the investigation.
Legislation cited
- B.N.S., 2023 — s. 309(4)
Subjects
- bail
- confessional statement
- co‑accused
- Section 309(4)
- criminal procedure
- sureties
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88880 of 2025
Arising Out of PS. Case No.-132 Year-2024 Thana- DHANSOI District- Buxar
======================================================
Ram Awatar Choudhary @ Ram Awatar Chouhan S/O Bhari Choudhary @
Bihari Chouhan R/O Vill.- Padiya Tola, Kharahana, P.S- Dhansoi, District -
Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Binod Kumar No. 3, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Dhansoi P.S. Case No. 132 of 2024 registered for the
offence punishable under Section 309(4) of the B.N.S., 2023.
3. The case of the prosecution in short is that the
informant runs a CSP center in Banni Market. On 25.09.2024 at
about 10:30 AM, he proceeded from his house for the CSP
center on his Hero Honda bike. On the way he met a co-villager,
namely, Auranzeeb, who accompanied him as a pillion. When
they reached near Bhakra Road, two persons on a bike
intercepted and stopped them. It is further alleged that the
miscreants took away Rs. 1,00,000/- from the informant and
Patna High Court CR. MISC. No.88880 of 2025(2) dt.08-01-2026
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fled away.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that during the
course of investigation, one Dablu Choudhary was apprehended,
and on the basis of the confessional statement of Dablu
Choudhary, the name of this petitioner has surfaced, which was
recorded in another case, i.e., Dhansoi P.S. Case No. 159 of
2024. He also submits that save and except the confessional
statement of the co-accused, there is nothing against this
petitioner. No recovery has been made from the possession of
this petitioner. He further submits that a statement has been
made in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
09.10.2025.
5. The application for bail is opposed by learned APP
for the State and submits that Dablu Choudhary was identified
in TIP and the name of this petitioner has surfaced on the basis
of confessional statement of co-accused namely, Dablu
Choudhary.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.88880 of 2025(2) dt.08-01-2026
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considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Buxar in connection with Dhansoi P.S. Case
No. 132 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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