Patna High Court
Chotu Goswami @ Chout GoswamiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Chotu Goswami, was arrested in connection with a case registered under Sections 309(4) and 34 of the Bharatiya Nyaya Sanhita, 2023, alleging that he, along with others, intercepted a pickup van and stole a mobile phone. The prosecution’s case relied primarily on the tower location of a co-accused’s mobile number and the confession of Kedar Yadav, who named the petitioner. The petitioner contended that he was falsely implicated, that the FIR was lodged against unknown persons, and that he had been in custody since September 2025. The learned A.P.P opposed bail, but the court, after considering the circumstances and the petitioner’s claim of innocence, ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to several conditions including regular court appearances and non‑tampering with evidence. The order also stipulated that a blood relative must act as one of the bailors and that failure to appear on two consecutive dates could lead to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to bail in a case under Sections 309(4) and 34 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the evidence, primarily the mobile tower data and a co‑accused’s confession, is sufficient to justify continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 34
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 309
- Section 34
- false implication
- surety
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14850 of 2026
Arising Out of PS. Case No.-178 Year-2025 Thana- CHANDRAMANDI District- Jamui
======================================================
Chotu Goswami @ Chout Goswami, S/o Mathura Goswami, Resident of
Village- Kalyanpur, P.S. and Dist.- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Chandramandi P.S. Case No. 178 of 2025 dated 14.09.2025
registered for the offence punishable under Sections
309(4)/34 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that while the
informant was proceeding on his pickup van, he was
intercepted by 4-5 persons who allegedly placed a bolder on
the road. It is further alleged that the accused persons took
away the pick-up van and mobile phone of the informant.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that the F.I.R. has been lodged
against unknown persons. The petitioner has been made
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accused only on the basis of tower location of mobile
number of one of the co-accused, namely, Kedar Yadav,
who confessed his guilt and disclosed the name of the
accused persons including the petitioner. It is further
submitted that the said Kedar Yadav @ Khesari Lal Yadav
@ Kaidar Yadav has been granted bail vide order dated
20.02.2026 passed in Criminal Miscellaneous No. 10280 of
2026 by a co-ordinate Bench of this Court. The petitioner is
in custody since 15.09.2025, having one criminal case
against him and charge-sheet has been submitted in the
case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
C.J.M., Jamui in connection with Chandramandi P.S. Case
No. 178 of 2025, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and
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shall be properly represented on each and every
date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his
release from custody shall appear before the S.H.O.
of his local area alongwith a copy of this order and
shall appear every fortnightly to mark his
attendance till the framing of charge in the trial
court.
(Khatim Reza, J)
prabhat/-
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