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Patna High Court

Md. ChhotuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail must be denied as the petitioner’s criminal antecedent and the material evidence recovered against him do not warrant release on bail.

Summary

The petitioner, Md. Chhotu, was arrested in February 2024 in connection with a case involving alleged looting, charged under Sections 309(6), 118(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He applied for regular bail for the second time, arguing that the trial had progressed with only one of seven witnesses examined. The prosecution highlighted that a PAN card belonging to the petitioner was recovered at the crime scene and that he has a prior criminal record. The trial court previously denied bail, noting the seriousness of the offences and the petitioner’s antecedents. On review, the Patna High Court found no new ground to overturn its earlier order and consequently rejected the bail application, allowing the petitioner to seek bail again if the trial is further delayed.

Issues considered

  • What are the grounds for granting or refusing bail to a person charged under the Bharatiya Nyaya Sanhita and the Arms Act?
  • Does the petitioner’s criminal antecedent and recovery of his PAN card at the crime scene justify denial of bail?

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • trial proceedings
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15371 of 2026
                   Arising Out of PS. Case No.-560 Year-2024 Thana- MURLIGANJ District- Madhepura
                 ======================================================
                 Md. Chhotu S/o- Md. Sirajuddin Resident of Ranipatti Singhiyan, Ward No-
                 07 PS- Murliganj Dist- Madhepura

                                                                                   ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rupesh Kumar
                 For the Opposite Party/s :         Mr.Lalan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-04-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Murliganj P.S. Case No. 560 of 2024

                   registered for the offence under Sections 309(6), 118(1), 109

                   and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27

                   of the Arms Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 25.06.2025 in Cr. Misc. No. 38340 of 2025 which

                   reads as follows:-

                                                          Heard learned counsel for the petitioner
                                              and learned APP for the State.
                                                          2. The petitioner seeks bail in connection
                                              with Murliganj P.S. Case No. 560 of 2024 registered for
                                              the offence punishable under Sections 309(6), 118(1),
                                              109 and 3(5) of the Bharatiya Nyaya Sanhita and Section
                                              27 of the Arms Act.
            Patna High Court CR. MISC. No.15371 of 2026(2) dt.24-04-2026
                                                        2/2




                                                            3. As per the prosecution case, unknown
                                              criminals tried to loot the victim/informant.
                                                            4. From the place of occurrence, the Pan
                                              Card of the petitioner has been recovered. The
                                              petitioner is in custody since 05.02.2024. The petitioner
                                              has criminal antecedent also.
                                                            5. Considering the fact that the petitioner
                                              has criminal antecedent also, I am not inclined to grant
                                              bail to the petitioner.
                                                            6. Accordingly, the application stands
                                              dismissed.
                                                            7. If the trial is delayed, the petitioner may
                                              renew his prayer for bail



                                   4. It is submitted that in the trial, out of seven

                      witnesses, one has been examined and the trial is progressing.

                                   5. This Court finds no ground to review its earlier

                      order. Accordingly, this application for regular bail stands

                      rejected.



                                                     (Sandeep Kumar, J)
Shishir/-

U       T


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