Patna High Court
Satrajeet Chaudhary @ Sadhu Chaudhary @ Sarvjeet Chaudhary @ Ajay SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 25(1-B)a, 26, 35
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure — s. 437(3)
- Indian Penal Code — s. 212, 399, 402, 413, 414
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
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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
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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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