Created by Fuzzy Cloud

Patna High Court

Chotu Goswami @ Chout GoswamiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.14850 of 2026(2) dt.12-03-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.14850 of 2026(2) dt.12-03-2026
                                                        3/3




                                      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/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.