Patna High Court
Shambhu ChaudhryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Shambhu Chaudhry, applied for regular bail in a criminal miscellaneous case (No. 90187 of 2025) arising from a police report registered under Section 69 of the Bharatiya Nyaya Sanhita. He alleged that the FIR was lodged four months after the alleged incident, that the informant’s testimony was unreliable, and that he had no prior criminal record while having been in judicial custody since 8 October 2025. The State opposed the bail, arguing that the offence warranted continued detention. The Court examined the delay in filing the FIR, the petitioner’s clean antecedent, and the length of his custody, and found these factors sufficient to justify bail. Consequently, the Court ordered the petitioner’s release on a bail bond of Rs. 20,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted in a case under Section 69 of the Bharatiya Nyaya Sanhita considering a four‑month delay in lodging the FIR, the petitioner’s clean antecedent, and his period of judicial custody.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 69
Subjects
- bail
- criminal procedure
- Section 69
- Bharatiya Nyaya Sanhita
- delay in FIR
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90187 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- ROSHANGANJ District- Gaya
======================================================
Shambhu Chaudhry S/o Rajendra Chaudhary R/o Village- Raksa, P.S- Gurua,
Dist- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nand Kishore Prasad Sinha, Advocate
For the Informant : Mr. Sudhir Kumar Sinha, Advocate
For the State : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Roshanganj P.S. Case No. 117 of 2025 registered for the offence
punishable under Section 69 of the Bharatiya Nyaya Sanhita.
3. The main submissions advanced by the petitioner’s
counsel are that, according to the prosecution, the petitioner
allegedly misbehaved with the informant; but, he has been
falsely implicated in this case merely to harass him, there is a
delay of four months in lodging of the FIR, for which no
satisfactory explanation has been provided by the informant,
which suggests that the FIR is an afterthought. It is lastly
submitted that the petitioner has no criminal antecedent and has
been languishing in judicial custody since 08.10.2025.
4. Learned counsel for the informant as well as
Patna High Court CR. MISC. No.90187 of 2025(2) dt.13-01-2026
2/2
learned APP for the State has vehemently opposed the prayer for
bail of the petitioner.
5. Considering the above submissions, the averments
made in this application, the period of custody of the petitioner,
his fair and clean antecedent, coupled with the delay of four
months in lodging the FIR, in my opinion, it is a fit case for
granting bail to the petitioner. 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 concerned Court in
connection with Roshanganj P.S. Case No. 117 of 2025.
(Shailendra Singh, J)
maynaz/-
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