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Patna High Court

Satrajeet Chaudhary @ Sadhu Chaudhary @ Sarvjeet Chaudhary @ Ajay SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as there was no prima facie evidence linking the petitioner to the offence and the investigation was complete.

Summary

The petitioner, Satrajeet Chaudhary, was arrested in connection with a bank dacoity case (S.Tr. No.318 of 2024) and charged under several IPC sections (399, 402, 413, 414, 212) and Arms Act sections (25(1‑B)a, 26, 35). He was not named in the FIR; his name surfaced only through the confessional statement of co‑accused Raja Kumar, who had already been granted bail. No other incriminating material linking the petitioner to the crime was found, and the investigation was completed with a charge‑sheet filed. The petitioner, in custody since 23‑01‑2023, sought bail, arguing that the confession alone lacks evidentiary value and that his long pre‑trial detention warranted release. The court, noting the absence of prima facie evidence, the completed investigation, and the petitioner’s prolonged custody, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under CrPC 437(3) and BNSS 480(3).

Issues considered

  • Whether bail should be granted when the only allegation against the petitioner is a confessional statement of a co‑accused without corroborative evidence.
  • Whether the petitioner’s criminal antecedents preclude the grant of bail.
  • Whether the completion of investigation and filing of charge‑sheet affect the bail decision.

Legislation cited

Subjects

  • bail
  • confessional statement
  • co‑accused
  • bank dacoity
  • IPC
  • Arms Act
  • pre‑trial detention
  • criminal antecedent
  • investigation completed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91944 of 2025
                  Arising Out of PS. Case No.-676 Year-2022 Thana- JOGAPATTI District- West Champaran
                 ======================================================
                 Satrajeet Chaudhary @ Sadhu Chaudhary @ Sarvjeet Chaudhary @ Ajay
                 Sahani, Son of Brahmdeo Chaudhary, R/o Village - Parsa Nagar Nawka Tola,
                 P.S. - Chautarwa, Dist. - West Champaran.
                                                                             ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Anand Kishore Choudhary, Advocate
                 For the Opposite Party/s :         Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with S.Tr. No.318 of 2024 arising out of Jogapatti (Nawalpur)

                   P.S. Case No.676 of 2022 registered for the offences

                   punishable under Sections 399, 402, 413, 414 and 212 of

                   the Indian Penal Code (in short ‘IPC’) as well as Sections

                   25(1-B)a, 26 and 35 of the Arms Act.

                                3. The accused/petitioner is not named in the FIR

                   and is in custody since 23.01.2023.

                                4.     As     per    FIR,    some      unknown        miscreants

                   committed bank dacoity in S.B.I. Branch Malahi Shant Ghat,

                   Dist.-Bettiah.
Patna High Court CR. MISC. No.91944 of 2025(2) dt.11-02-2026
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                       5. It is submitted by learned counsel appearing for

          petitioner that the name of petitioner transpired out of

          confessional statement of co-accused Raja Kumar, in

          furtherance         of      which,       no      incriminating   material

          recovered/surfaced during the course of investigation as to

          connect petitioner with present crime in question. It is

          submitted that said co-accused Raja Kumar has already

          granted bail by one of the learned co-ordinate Bench of this

          Court     through        Cr.   Misc.     No.33592      of   2023   dated

          24.06.2023. It is submitted that petitioner has not put on

          T.I.P. as yet. While concluding argument, it is submitted that

          investigation of this case is already completed, for which,

          charge-sheet has been submitted and, as such, there is no

          chance of tampering with the evidence. Explaining criminal

          antecedent, it is submitted by learned counsel that petitioner

          found involved in total of 14 criminal cases, where he is on

          bail and in maximum of these cases, the name of petitioner

          transpired on the basis of confessional statement as of

          present case, having otherwise no evidentiary value under the

          law. In this context, it is further submitted that if merit of the
Patna High Court CR. MISC. No.91944 of 2025(2) dt.11-02-2026
                                            3/4




          case otherwise appears in favour of accused/petitioner,

          merely on the ground of criminal antecedents ordinarily, the

          prayer of bail should not be declined and in support of this

          submission, learned counsel has relied upon legal report of

          Hon’ble Supreme Court as available through Prabhakar

          Tewari vs. State of U.P. & Ors. [(2020) 11 SCC 648].

                       6. Learned APP opposed the prayer for grant of bail

          to the petitioner.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as save and except suspicion arising out of

          confessional statement of apprehended co-accused persons

          prima facie nothing incriminating appears during investigation

          as to connect the petitioner with present crime in question,

          coupled with the fact that investigation of this case is already

          completed, where petitioner remains in custody since

          23.01.2023, accordingly, the petitioner, above-named, is

          directed to be released on bail furnishing bail bond of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Additional

          Sessions Judge-XII, West Champaran, Bettiah in connection
          Patna High Court CR. MISC. No.91944 of 2025(2) dt.11-02-2026
                                                      4/4




                    with S.Tr. No.318 of 2024 arising out of Jogapatti (Nawalpur)

                    P.S. Case No.676 of 2022, subject to the conditions as laid

                    down under Section 437(3) of the Code of Criminal Procedure

                    (for short ‘CrPC’)/under Section 480(3) of the Bhartiya

                    Nagrik Suraksha Sanhita (for short ‘BNSS’).


                                                      (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T


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