Patna High Court
Chhotu Alam @ Chhote MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Chhotu Alam, was arrested in connection with a case involving the recovery of two loaded pistols, cartridges, a motorcycle and a knife, and was charged under IPC sections 399, 402 and 414 and Arms Act sections 25(1‑b)a, 26 and 35. He contended that he was not named in the FIR and was implicated only through the confessional statements of co‑accused Krishna Kumar and Sunny Kumar, with no material recovered from his possession. The State opposed his bail, citing the seriousness of the offences. The Court examined the lack of direct evidence against the petitioner and his claim of innocence, and considered the statutory provisions governing bail. It ordered his release on bail of Rs.10,000 with two sureties, subject to conditions regarding cooperation with the trial, surety affiliation, disclosure of future accusations, and prohibition against tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the IPC and Arms Act.
- Whether the confessional statements of co‑accused are sufficient to justify continued detention of the petitioner.
- Whether the absence of material evidence directly linking the petitioner to the recovered weapons warrants bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 399, 402, 414
Subjects
- bail
- Indian Penal Code
- Arms Act
- confessional statements
- false implication
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23340 of 2026
Arising Out of PS. Case No.-169 Year-2023 Thana- ADAPUR District- East Champaran
======================================================
Chhotu Alam @ Chhote Miya S/o Jal Mohammad @ Jala Miya @ Jal
Mahamad Miya R/o Vill- Shyampur Chowk, P.S.- Adapur, Distt- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Vikram, Adv.
For the Opposite Party/s : Mr. Aditya Narayan Singh-1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Adapur P.S. Case No. 169 of 2023 dated 04.06.2023
registered for the offence punishable under Sections 399,
402 and 414 of the Indian Penal Code and Sections 25(1-
b)a, 26 and 35 of the Arms Act.
3. The allegation is of recovery of two loaded
country made pistol, two live cartridges, one Splendor
Motorcycle and one knife from the possession of the co-
accused persons.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.23340 of 2026(2) dt.08-04-2026
2/3
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that the petitioner is not named in
the F.I.R., rather, he has been made accused, only on the
basis of confessional statement of Krishna Kumar and
Sunny Kumar, who were apprehended at the time of
occurrence. It is further submitted that five persons were
arrested at the time of raid from the orchard of Pravin Singh
and some illegal arms were recovered from the apprehended
persons. Further, it is submitted that nothing has been
recovered from the conscious possession of the petitioner.
There is no materials against the petitioner in the case dairy
to connect him with the said crime. The petitioner is in
custody since 22.11.2025, 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
Patna High Court CR. MISC. No.23340 of 2026(2) dt.08-04-2026
3/3
S.D.J.M., Raxaul at Mothihari in connection with Adapur
P.S. Case No. 169 of 2023, subject to the following
conditions:-
1. Petitioner shall co-operate in the trial and
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.
(Khatim Reza, J)
prabhat/-
U T
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