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Patna High Court

Chhotu Mahto @ Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, subject to a cash bond, sureties and specific conditions.

Summary

The Patna High Court entertained bail applications filed by Babloo Singh (also known as Sushil Singh) and Chhotu Mahto (also known as Aman Kumar), who were accused in FIR No.503/2023 of murder, criminal conspiracy and offences under the Arms Act. The prosecution alleged that the petitioners participated in a conspiracy to kill the complainant’s husband over a land dispute and political rivalry, and opposed bail on the ground of multiple criminal antecedents. The petitioners contended that they were falsely implicated and relied on a confessional statement of a co‑accused, which implicated another accused and admitted the petitioners’ involvement only in conspiracy. The Court examined the material on record, noted that no substantive evidence besides the co‑accused’s confession linked the petitioners to the crime, and considered the bail granted to other co‑accused. Accordingly, the Court ordered bail for both petitioners on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused in a murder and conspiracy case under Sections 302, 120(B), 34 IPC and Section 27 Arms Act, considering the nature of the offences and the petitioners’ criminal antecedents.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • IPC
  • Arms Act
  • criminal antecedents
  • confessional statement
  • land dispute
  • political rivalry

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.1960 of 2026
                     Arising Out of PS. Case No.-503 Year-2023 Thana- ROSERA District- Samastipur
                 ======================================================
                 Babloo Singh @ Sushil Singh S/O Late Heera Prasad Singh R/O Village -
                 Damodarpur Ward no.- 5, P.S- Rosera, District -Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                             CRIMINAL MISCELLANEOUS No. 2532 of 2026
                     Arising Out of PS. Case No.-503 Year-2023 Thana- ROSERA District- Samastipur
                 ======================================================
                 Chhotu Mahto @ Aman Kumar S/o Lalit Mahto Resident of village-
                 Bishanpur, Police Station - Begusarai, District-Begusarai

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 1960 of 2026)
                 For the Petitioner/s     : Mr. Vivekanand Singh, Advocate
                 For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
                 (In CRIMINAL MISCELLANEOUS No. 2532 of 2026)
                 For the Petitioner/s     : Mr. Rajesh Ranjan, Advocate
                                          : Ms. Maria Nazir, Advocate
                                          : Mr. Himanshu Ranjan, Advocate
                 For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-04-2026                   Heard Mr. Vivekanand Singh, learned counsel for

                   the petitioner, Md. Nazir Ansari, learned Additional Public

                   Prosecutor for the State (In Cr. Mis. No. 1960 of 2026) and Mr.

                   Rajesh Ranjan, learned counsel for the petitioner, Md. Ataur

                   Rahman, learned Additional Public Prosecutor for the State (In

                   Cr. Mis.No. 2532 of 2026) .
Patna High Court CR. MISC. No.1960 of 2026(3) dt.09-04-2026
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                      2. Petitioners seek bail in connection with Rosera P.S.

          Case No. 503 of 2023, F.I.R. dated 09.09.2023 for the offences

          punishable under Sections 302, 120(B), 34 of Indian Penal Code

          and 27 of Arms Act.

                      3.    According to prosecution case, the informant

          alleged the petitioners along with other co-accused persons in

          conspiracy committed murder of her husband due to land

          dispute and political rivalry.

                      4. Learned counsel for the petitioners submits that

          petitioners are innocent and they have falsely been implicated in

          the present case. It is next submitted that during course of

          investigation confessional statement of co-accused, Md. Abrar

          Warsi was taken, which is recorded in paragraph no.139 of the

          case diary in which he has stated that another co-accused,

          Subhash Jha had fired upon the victim and thereafter petitioner,

          namely, Babloo Singh @ Sushil Singh had confessed his guilt

          and as far as allegation against these petitioners are concerned,

          they were only involved in conspiracy and except the

          confessional statement of co-accused and self-confessional

          statement of one of the petitioner, no other cogent material has

          come during investigation which suggest the involvement of the

          petitioners in the present occurrence and similarly situated co-
Patna High Court CR. MISC. No.1960 of 2026(3) dt.09-04-2026
                                            3/4




          accused persons, namely, Saket Kumar @ Raja Jha @ Saket

          Kumar Jha @ Rakesh Kumar Jha and Rajesh Kumar Mandal @

          Rajesh Mandal @ Khanna have been granted the privilege of

          bail by the co-ordinate Bench of this Court vide order dated

          12.12.2025 and 02.05.2025 in Cr. Misc. No. 42584 of 2025 and

          Cr. Misc. No. 16598 of 2025. The police after investigation

          submitted charge-sheet against the petitioners and petitioner,

          namely Babloo Singh @ Sushil Singh                  is in custody since

          01.02.2024 and          petitioner, namely Chhotu Mahto @ Aman

          Kumar is in custody since 14.07.2024.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner, namely, Babloo Singh @ Sushil Singh

          has got six criminal antecedents in which he is acquitted in two

          case and he is on bail in three case and one case is pending for

          consideration before competent court of law and petitioner,

          namely, Chhotu Mahto @ Aman Kumar has got three criminal

          antecedents in which he is on bail in all cases.

                       6. Considering the aforesaid facts and circumstances

          as well as period of custody, let the petitioners, 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
            Patna High Court CR. MISC. No.1960 of 2026(3) dt.09-04-2026
                                                        4/4




                      satisfaction of the learned Additional District and Session judge

                      1st Rosera in connection with Rosera P.S. Case No. 503 of 2023,

                      subject to the following conditions:-

                                   i. Petitioners shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners tamper with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedents, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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