Patna High Court
Chotu @ Rahis @ Chotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is warranted because no arms were recovered from the petitioner and there is no evidence of concealment of criminal antecedent.
Summary
The petitioner, Chotu Kumar, was implicated in a case (Patepur PS Case No. 09 of 2026) under Sections 25(1‑B)(a) and 26 of the Arms Act and Section 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022 after a police informant reported a country‑made pistol recovered at the scene. The petitioner claimed innocence, stating that no weapon was found in his possession and that his name was merely mentioned by an apprehended accused. The State opposed bail but also acknowledged that no arms were recovered from the petitioner. The Court, considering the absence of any weapon on the petitioner and his clean antecedent, granted anticipatory bail subject to a Rs.30,000 bond under Section 2(1)(d) of the BNSS, 2023 and conditions of Section 482(2) of the same Act. The trial court was directed to verify the petitioner’s antecedent and cancel the bond if concealment is discovered.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023 in view of allegations under the Arms Act and the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the non‑recovery of any weapon from the petitioner’s possession justifies the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
Subjects
- anticipatory bail
- Arms Act
- Bihar Prohibition and Excise Act
- BNSS 2023
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26862 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- PATEPUR District- Vaishali
======================================================
Chotu @ Rahis @ Chotu Kumar S/o Sant Lal Ray R/o Village - Simarwara
Durgapur, P.S - Patepur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Patepur P.S. Case No. 09 of 2026, dated 11.01.2026,
lodged under Sections 25(1-B)(a) & 26 of the Arms Act and
Section 37 of the Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. As per the prosecution, when the informant was on
patrol duty, four persons were seen fleeing upon seeing the
police. One individual was apprehended, from whose mouth the
smell of alcohol was coming and a country-made pistol was
recovered from the spot.
Patna High Court CR. MISC. No.26862 of 2026(2) dt.22-04-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that nothing has been recovered from the possession of
the petitioner. He also submits that the petitioner’s name was
disclosed by the apprehended accused person. Furthermore, he
submits that the criminal antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that no arms have been
recovered from the petitioner’s possession.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Special Excise Court No. 2, Hajipur at Vaishali,
in connection with Patepur P.S. Case No. 09 of 2026, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
7. It is further directed that the Trial Court shall verify
the criminal antecedent of the petitioner, and in case it is found
at any stage that the petitioner has concealed his criminal
antecedent, the Trial Court shall take steps for cancellation of
Patna High Court CR. MISC. No.26862 of 2026(2) dt.22-04-2026
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the petitioner’s bail bond. However, the acceptance of the bail
bond in terms of the above-mentioned order shall not be delayed
for the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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