Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed by the Court.
Summary
The petitioner, Chhotu Kumar, a 19‑year‑old, was named in an FIR for offences under IPC sections 399, 402/34 and Arms Act sections 26, 35, 25(1‑B)a after four accused persons were seized with firearms. The petitioner argued that his name appeared only because the arrested accused disclosed it, that he had no possession of the weapons, and that the seizure list lacked an independent witness signature, violating search‑seizure rules. The State opposed anticipatory bail, citing two prior criminal antecedents. The Court considered the lack of direct involvement, the petitioner’s youth, and the procedural defect in the seizure, and granted anticipatory bail subject to a bond of Rs.10,000, two sureties, the father as a bailor, and cooperation with the investigation. The bail may be cancelled for non‑cooperation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC despite his inclusion in the FIR and prior criminal antecedents.
- Whether the absence of an independent witness signature on the firearms seizure list defeats the prosecution’s case and warrants bail.
- Whether the petitioner’s alleged involvement, as disclosed by co‑accused, is sufficient to deny anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 34, 399, 402
Subjects
- anticipatory bail
- Indian Penal Code
- Arms Act
- search and seizure
- prior criminal antecedents
- bail conditions
- youth offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2902 of 2026
Arising Out of PS. Case No.-204 Year-2024 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Chhotu Kumar S/O Avadhesh Kumar @ Avadhesh Rai R/V- Amadipur ward
No.- 6, P.S- Patory, District- Samstipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar
For the Opposite Party/s : Mr. Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Sections 399, 402/34
of the Indian Penal Code and Section 26, 35, 25(1-B)a of the
Arms Act.
3. Allegation in the first information report is that four
persons were apprehended by the police with the allegations of
preparation of committing some crime and firearms were
recovered from their possession.
4. Learned counsel for the petitioner submits that it
would be apparent from the first information report itself that
four persons were arrested by the police upon an information
and so far as the present petitioner is concerned, the name of the
petitioner has featured in the first information report upon a
Patna High Court CR. MISC. No.2902 of 2026(2) dt.28-01-2026
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disclosure made by the arrested accused persons. It has been
submitted that the name of the petitioner has been taken as he
was acquainted with the accused persons, however, he had no
role in the aforesaid offence. It has also been submitted that the
seizure list of the firearms does not bear the signature of any
independent witness thereby violating the mandatory provisions
of search and seizure. It has also been submitted that the
petitioner is a young boy of 19 years of age.
5. Learned APP for the State has opposed the
application for anticipatory bail on the ground that the petitioner
has also two criminal antecedents.
6. Taking into consideration the facts and
circumstances and also considering the fact that the name of the
petitioner has transpired in the disclosure made by the arrested
persons and no recovery has been made from his conscious
possession coupled with the fact that he is a young boy whose
future would be jeopardized by incarceration, in the event of his
arrest or surrender before the learned Court below within a
period of four weeks from today, be enlarged on bail 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 court below where the case is pending/successor court
Patna High Court CR. MISC. No.2902 of 2026(2) dt.28-01-2026
3/3
in connection with Patory P.S. Case No. 204 of 2024, subject to
the condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S., subject to the further conditions:
(i) One of the bailors will be the father of the
petitioner.
(ii) The petitioner would cooperate in the
investigation and in case of non-cooperation, the learned court
below would be at liberty to cancel his bail bonds.
(Soni Shrivastava, J)
devendra/-
U T
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