Patna High Court

Chhotu KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court dismissed the bail application, refusing to grant regular bail to the petitioner.

Summary

The petitioner, Chhotu Kumar, sought regular bail in a criminal case (PS Case No. 1002 of 2022) for alleged offences under Sections 363 and 365 of the Indian Penal Code. The petitioner argued that all witnesses had already been examined in trial, contending that there was no longer a need for his continued detention. The court considered whether the circumstances justified granting bail, focusing on the nature of the offences and the stage of the trial. The bench held that despite the examination of witnesses, the seriousness of the charges and the trial’s progress did not warrant bail. Consequently, the bail application was dismissed.

Issues considered

Whether regular bail should be granted to the accused in a case involving theft (Sec. 363 IPC) and kidnapping (Sec. 365 IPC) after all witnesses have been examined.

Legislation cited

Indian Penal Code — s. 363, 365

Subjects

bail
criminal procedure
Indian Penal Code
theft
kidnapping

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.23894 of 2025
                        Arising Out of PS. Case No.-1002 Year-2022 Thana- BIHAR District- Nalanda
                  ======================================================
                  Chhotu Kumar S/O Ramanandan Sav @ Ramanand Sah @ Ramanand Sao
                  Ramand Sao @ Ramanand Singh Resident of Village- Ganjpar, Athmalgola,
                  PS- Athmalgola, District- Patna
                                                                         ... ... Petitioner/s
                                                  Versus
                  The State of Bihar Bihar
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Raj Kishor Prasad
                  For the Opposite Party/s :      Mr.Sanjay Kumar
                                                  Mr. Jharkhandi Upadhyay
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

4    10-02-2026                  Heard the parties.

                                 2. This is the third attempt of the petitioner for grant

                    of regular bail in connection with Bihar P.S. Case No. 1002 of

                    2022 registered for the offence under Sections 363, 365 of the

                    Indian Penal Code.

                                 3. It has very fairly been submitted by the learned

                    counsel for the petitioner that in the trial, all the witnesses have

                    already been examined.

                                 4. In view of the above, this Court is not inclined to

                    grant bail to the petitioner.

                                 5. Accordingly, this application is dismissed.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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