Patna High Court
Chhotelal Roy @ Chhotelal Ray @ Chote Lal RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that bail must be granted as the procedural lapse under Section 103 and the claim of false implication outweighed the petitioner’s prior antecedents.
Summary
The petitioner, Chhotelal Roy, applied for regular bail in a case registered under Sections 25(1‑B)(a) and 26 of the Arms Act, where a pistol was allegedly recovered from his house. He claimed innocence, alleging that he was falsely implicated due to political rivalry during elections, and that the procedure under Section 103 of the B.N.S.S. was not followed. The State opposed the bail, citing the petitioner’s two prior criminal antecedents for which he was already on bail. After hearing both sides and reviewing the record, the Court ordered the petitioner to be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount. The application for bail was therefore allowed.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 25(1‑B)(a) and 26 of the Arms Act
- Whether the procedural requirements of Section 103 of the B.N.S.S. were complied with
Legislation cited
Subjects
- regular bail
- Arms Act
- Section 103
- political vendetta
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11299 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Chhotelal Roy @ Chhotelal Ray @ Chote Lal Rai S/o Rambali Ray @ Ram
Bali Rai R/o Village - Mahamadpur Shakra @ Muhamadpur Sakra @
Mahammadpur Sakra, P.S - Vibhutipur @ Bibhutipur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bibhutipur P.S. Case
No. 423 of 2025 registered for the offences punishable under
Sections 25(1-B) (a), 26 of the Arms Act.
3. As per the prosecution case, one country made
pistol was recovered from the house of the petitioner.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case at the instance of local people who were on inimical
term with the petitioner due to on going election. It has also
been submitted that the procedure prescribed under Section 103
Patna High Court CR. MISC. No.11299 of 2026(5) dt.06-05-2026
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of the B.N.S.S. has not been followed. Lastly, it has been
submitted that the petitioner has got two criminal antecedents in
which he is on bail and is in custody since 30.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record, the
petitioner above-named is directed to be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Samastipur, in connection with
Bibhutipur P.S. Case No. 423 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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