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Patna High Court

Chhotu Kumar @ Tawahi @ Chhotelal ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner, subject to bond, surety, and procedural conditions.

Summary

The petitioner, Chhotu Kumar, was arrested in connection with a robbery and assault case (Case No. 183 of 2025) alleged under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that four miscreants entered a house, assaulted occupants and looted valuables at gunpoint, and the petitioner was implicated solely through a co‑accused's confessional statement, with no mention in the FIR and no incriminating material recovered from him. The petitioner argued false implication, lack of a T.I.P., and cited that another co‑accused had already been granted bail. The State opposed bail. Considering the lack of direct evidence, the petitioner’s prolonged custody since 09‑09‑2025, and the conditions of bail, the Court granted bail subject to bond and surety conditions and compliance with trial attendance and non‑interference directives.

Issues considered

  • Whether bail should be granted to the petitioner despite being implicated only through a co‑accused's confession and absence of direct evidence.
  • Whether the provisions of Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act preclude bail in the present circumstances.
  • Whether the petitioner’s prior criminal antecedents and period of custody affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 309(6) B.N.S.
  • Section 27 Arms Act
  • confessional statement
  • co‑accused
  • evidence
  • trial conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12052 of 2026
                   Arising Out of PS. Case No.-183 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Chhotu Kumar @ Tawahi @ Chhotelal Thakur S/o Late Akhilesh Thakur R/o
                 Village - Khilwat, P.S - Bidupur, District - Vaishali
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Mithlesh Kumar Khare, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Hajipur

                   Sadar P.S. Case No. 183 of 2025 instituted for the offences

                   under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 27 of the Arms Act.

                                3. Prosecution case, in short, is that on 05.03.2025 at

                   about 12 noon, four unknown miscreants arrived at the

                   informant’s house on two motorcycles on the pretext of seeking

                   a room for rent, forcibly entered her house, assaulted her

                   nephew and maid, and looted ornaments and 4 lakh cash after

                   obtaining the key of the Godrej almirah at gunpoint.

                                4. Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.12052 of 2026(2) dt.23-02-2026
                                             2/3




          Petitioner is not named in the F.I.R. The name of the petitioner

          transpired in this case on the basis of confessional statement of

          the co-accused Anshu Kumar. No incriminating article has been

          recovered from the conscious possession of the petitioner.

          Learned counsel further submitted that T.I.P. has not been

          conducted till date. Learned counsel further submitted that

          petitioner has got no concern with the looted articles.

          Chargesheet has been submitted in this case. Learned counsel

          for the petitioner further submits that other co-accused has been

          granted bail by this Bench vide order dated 14.10.2025 passed

          in Cr. Misc. No. 50860 of 2025. It has been submitted on behalf

          of the petitioner that the petitioner is in custody since

          09.09.2025 and has three criminal antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                        7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of

          the    like     amount      each     to    the       satisfaction   of   Court
           Patna High Court CR. MISC. No.12052 of 2026(2) dt.23-02-2026
                                                       3/3




                     below/concerned Court in connection with Hajipur Sadar P.S.

                     Case No. 183 of 2025, subject to the following conditions:

                                   (I) One of the bailors shall be the petitioner’s own or

                     close member.

                                   (II) The petitioner shall appear on each and every date

                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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