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Patna High Court

Chhotelal Rajbhar @ Chhotelal BharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court directed that the petitioner be enlarged on bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Chhotelal Rajbhar, was charged under IPC sections 302, 201, 34 and Arms Act section 27 for allegedly shooting a person with a country‑made pistol. He had earlier been released on bail in 2002, but the bail was cancelled in February 2023 after his non‑appearance, leading to his custody from September 12, 2025. He filed an application for regular bail, undertaking to cooperate with the trial. The State opposed the bail, citing alleged misuse of bail and the prior cancellation. The Court, after hearing both sides, held that despite the earlier cancellation, the petitioner could be released on bail upon furnishing a bond of Rs.10,000 with two sureties, directing the Additional District and Sessions Judge‑III, Gopalganj, to grant the bail.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the earlier cancellation of his bail bond and alleged misuse of bail.

Legislation cited

Subjects

  • bail
  • misuse of bail
  • cancellation of bail
  • IPC
  • Arms Act
  • murder
  • criminal procedure
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23557 of 2026
                     Arising Out of PS. Case No.-80 Year-2001 Thana- VIJAYEPUR District- Gopalganj
                 ======================================================
                 Chhotelal Rajbhar @ Chhotelal Bhar, S/O Faujdari Rajbhar, R/O Nauka Tola,
                 P.S- Vijayepur, District- Gopalganj.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prince Kumar Mishra, Advocate
                                                  Ms. Priyanka Kumari, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   08-04-2026                   Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Vijayepur P.S. Case no.

                   80 of 2001 (Sessions Trial no.349 of 2009), registered under

                   section 302, 201 and 34 of the Indian Penal Code and section 27

                   of the Arms Act.

                                 3. As per the prosecution case, the petitioner along

                   with others are said to have shot at Chabila Mallah with a

                   country made pistol.

                                 4. Learned counsel for the petitioner submits that in

                   reference to the case status of Cr. Misc. no.27947 of 2002 that

                   the petitioner was enlarged on bail in connection with the instant

                   case/F.I.R. vide order dated 18.11.2002. Though the petitioner

                   continued to appear before the learned trial Court wherein
            Patna High Court CR. MISC. No.23557 of 2026(2) dt.08-04-2026
                                                        2/2




                      charge was framed on 15.4.2010, however for his non

                      appearance his bail bond was finally cancelled only on

                      20.2.2023. The petitioner thereafter was taken into custody on

                      12.9.2025. He undertakes to cooperate in the trial.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegation against the petitioner

                      being one of misuse of bail, the bail bond having been cancelled

                      on 20.2.2023 and the petitioner having remained in custody for

                      about 7 months since 12.9.2025, the petitioner is directed to be

                      enlarged on bail in connection with Vijayepur P.S. Case no.80 of

                      2001 (Sessions Trial no.349 of 2009), on furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Additional District

                      and Sessions Judge-III, Gopalganj.



                                                       (Partha Sarthy, J)
avinash/-

U      T


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