Patna High Court
Suraj Choudhary @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Suraj Choudhary was arrested in connection with a theft of Rs. 1,59,000 and alleged threats, charged under Sections 308(5) and 3(5) of the B.N.S. He contended that he was merely accompanying the main accused, Ram Ratan Choudhari, and that no direct allegation existed against him. The petitioner highlighted that co‑accused Jitendra Chaudhari and Sonu Choudhary had previously been granted bail in a similar case. After hearing both sides, the Patna High Court found the petitioner’s claim of innocence credible and noted the lack of specific evidence against him. Consequently, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The petitioner had been in judicial custody since 23 September 2025.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under Sections 308(5) and 3(5) of the B.N.S.
- Whether the mere presence with the principal accused suffices to deny bail
- Whether the bail granted to co‑accused in a similar case mandates bail for the petitioner
Legislation cited
- B.N.S. — s. 308(5), 3(5)
Subjects
- bail
- criminal procedure
- theft
- threat
- co‑accused
- judicial custody
- Section 308
- Section 3
- B.N.S.
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90999 of 2025
Arising Out of PS. Case No.-255 Year-2024 Thana- SIKANDRA District- Jamui
======================================================
Suraj Choudhary @ Suraj Kumar, Son of Late Baleshwar Chaudhary @ Bal
Keshwar Choundhary, R/o Village - Sikandra (Domtoli), P.S.- Sikandra,
District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sikandra P.S. Case No. 255 of 2024 registered for the
offence punishable under Sections 308(5) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that one
Ram Ratan Choudhari went on the shop of the informant. It is
alleged that Ram Ratan Choudhari took articles worth Rs.
1,59,000/- and when the informant demanded the bills, he
threatened him of dire consequences.
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
Patna High Court CR. MISC. No.90999 of 2025(2) dt.30-01-2026
2/2
case. There is no allegation against him. The only against him is
that he was accompanying Ram Ratan Choudhari. The main
thrust of allegation is against Ram Ratan Choudhari. It has also
been submitted that similarly situated co-accused persons,
namely, Jitendra Chaudhari and Sonu Choudhary have been
granted bail by this Court vide Cr. Misc. No. 78652 of 2024.
The case of this petitioner stands on similar footing. Petitioner is
languishing in judicial custody since 23.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
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 J.M. 1 st
Class, Jamui in connection with Sikandra P.S. Case No. 255 of
2024.
(Ashok Kumar Pandey, J)
lata/-
U T
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