Created by Fuzzy Cloud

Patna High Court

Chhotu Singh @ Chhotu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, finding no sufficient basis to keep him in custody.

Summary

The petitioner, Chhotu Singh, was arrested in connection with a shooting incident in Ayer, Bhojpur, and charged under Sections 191(2), 191(3), 190, 103(1) and 109 of the B.N.S. and Section 27 of the Arms Act. The FIR alleges that Lallu @ Mantosh fired the first shot that killed the informant’s father and that other persons, including Santosh Singh and Hari Govind Singh, fired subsequent shots, while the petitioner is said only to have caught the informant’s uncle. The petitioner’s counsel argued that the FIR does not specifically allege that he discharged any weapon and that the victim’s own statement implicates Lallu as the shooter, making the charge against the petitioner untenable. The State opposed the bail, contending the seriousness of the offences. After hearing both sides, the Court found insufficient material to justify continued detention and ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged under Sections 190, 191(2), 191(3), 103(1), 109 of the B.N.S. and Section 27 of the Arms Act.

Legislation cited

Subjects

  • regular bail
  • bail petition
  • firearms offence
  • Arms Act
  • B.N.S.
  • criminal procedure
  • section 190
  • section 191
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17806 of 2026
                        Arising Out of PS. Case No.-73 Year-2025 Thana- AAYAR District- Bhojpur
                 ======================================================
                 Chhotu Singh @ Chhotu Kumar S/O Hari Govind Singh R/O Village-
                 Bherari, P.S- Ayer, Distt.- Bhojpur.
                                                                    ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 191(2),

                   191(3), 190, 103(1) and 109 of B.N.S. and Section 27 of the

                   Arms Act.

                                3. The case of the prosecution is that one Lallu @

                   Mantosh has fired at the informant but he somehow escaped.

                   After this, Lallu fired another shot at the father of the informant

                   which hit on his chest due to which he fell down. When the

                   uncle of the informant Dadan Singh came to rescue then it is

                   alleged that Chhotu Singh (petitioner) caught him and Santosh

                   Singh fired at him which hit in his stomach. It is also alleged

                   that Hari Govind Singh has also fired at the father of the

                   informant.
Patna High Court CR. MISC. No.17806 of 2026(2) dt.18-03-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. He has

          falsely been implicated in this case. Learned counsel for the

          petitioner has submitted that from perusal of the FIR itself, it is

          clear that there is allegation that petitioner has caught the uncle

          of the informant and there is no allegation of firing on the

          petitioner. According to FIR, the first gun shot which was hit by

          Lallu is said to be fired at chest of the deceased. He has also

          submitted that the postmortem report goes to show that the

          deceased has received only one entry and one exit wound. There

          is allegation of two shots of firing. As far as the fire made by

          Hari Govind Singh is concerned, it is not made clear as to where

          did it hit. As such, it has been submitted that the main thrust of

          allegation is against Lallu @ Mantosh. During course of

          investigation, victim Dadan Singh is concerned, he has given his

          statement before police and has stated that Lally @ Mantosh has

          fired at him. Learned counsel for the petitioner has submitted

          that since the victim himself has stated that Lallu has fired, then

          it becomes clear that there is no allegation of firing from the

          petitioner. A statement has been made in para-4 of this petition

          that the petitioner is languishing in judicial custody since

          15.09.2025. It has lastly been submitted by the learned counsel
            Patna High Court CR. MISC. No.17806 of 2026(2) dt.18-03-2026
                                                        3/3




                      that similarly situated co-accused have been granted bail by this

                      Court vide Cr. Misc. No. 88587 of 2025 with Cr. Misc. No.

                      1561 of 2026.

                                   5. Learned APP appearing for the State has opposed

                      the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge both the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Ayer (Aayer) P.S. Case No. 73 of 2025 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Additional Chief

                      Judicial Magistrate-VIII, Bhojpur at Ara.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

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