Patna High Court
Chhotelal Rajbhar @ Chhotelal BharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Arms Act — s. 27
- Indian Penal Code — s. 201, 302, 34
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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