Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioners on condition of a Rs.10,000 bond with two sureties.
Summary
Petitioners Chhotu Kumar and Ranjeet Kumar applied for bail in connection with Pothia Police Station Case No. 54 of 2025, which alleged conspiracy to murder and the discharge of a firearm that injured the victim. The prosecution alleged that the accused conspired to kill the victim, and the firearm shot under Section 27 of the Arms Act struck the victim, who survived. The petitioners had been in custody since 28 June 2025. The High Court examined the seriousness of the offences under Sections 126(2), 127(2), 109, 3(5) of the BNS and Section 27 of the Arms Act and considered the bail criteria. Finding no compelling reason to deny bail, the Court allowed the applications, directing release on a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused of offences under Sections 126(2), 127(2), 109, 3(5) of the BNS and Section 27 of the Arms Act despite the allegation of conspiracy to murder
Legislation cited
Subjects
- bail
- criminal law
- attempted murder
- arms act
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2317 of 2026
Arising Out of PS. Case No.-54 Year-2025 Thana- Pothia District- Katihar
======================================================
Chhotu Kumar S/o- Budhinath Mandal Village- Chaklamaula Nagar, P.S.-
Pothia, District-Katihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 2978 of 2026
Arising Out of PS. Case No.-54 Year-2025 Thana- Pothia District- Katihar
======================================================
Ranjeet Kumar Ram @ Etwari Ram Son of Anil Ram R/o Sameli, P.S. -
Pothiya, Distt.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 2317 of 2026)
For the Petitioner/s : Mr.Madhav Krishna
For the Opposite Party/s : Mr.Sanjay Kumar Pandey
(In CRIMINAL MISCELLANEOUS No. 2978 of 2026)
For the Petitioner/s : Mr.Sanjeev Kumar Singh
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-03-2026 Heard the parties in both the aforesaid cases.
2. The petitioner of both the aforesaid cases seeks
bail in connection with Pothia P.S. Case No. 54 of 2025
registered for the offence under Sections 126(2), 127(2), 109,
3(5) of the BNS and under Section 27 of the Arms Act.
3. As per the prosecution case, the petitioners and
Patna High Court CR. MISC. No.2317 of 2026(3) dt.24-03-2026
2/2
others are said to have conspired to get the victim killed.
4. The petitioners are in custody since 28.06.2025.
5. The gun shot fired by the petitioner has hit the
victim but he has survived.
6. Considering the nature of allegation levelled
against the petitioners, both the aforesaid applications are
allowed.
7. Let the petitioner, of both the aforesaid cases,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned concerned Court below,
where the case is pending, in connection with Pothia P.S. Case
No. 54 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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