Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Chhotu Kumar was arrested in connection with a theft case (PS Singhwara Case No.271 of 2025) and charged under several sections of the Bharatiya Nyaya Sanhita, 2023. He contended that no stolen property was found in his possession, that he was arrested on mere suspicion, and highlighted that co‑accused had been granted bail in similar cases. The State opposed bail, citing the seriousness of the offences. The Court examined the facts, the petitioner’s custody since 3 October 2025, and the precedent of bail being granted to co‑accused, and concluded that bail could be granted with appropriate safeguards. Accordingly, the Court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions regarding trial attendance, surety affiliation, and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under multiple serious offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the circumstances of arrest and lack of recovered stolen property justify granting bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2), 317(2), 317(4), 317(5), 323, 336(3), 338
Subjects
- bail
- criminal procedure
- theft
- Bharatiya Nyaya Sanhita
- presumption of innocence
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2977 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- SINGHWARA District- Darbhanga
======================================================
Chhotu Kumar, aged about 26 years, Gender- Male, S/o Mohan Das, R/o
Village- Koili @ Rasulganj, P.S.- Nanpur, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Singhwara PS Case No.271 of 2025 dated 02.10.2025, instituted
for the offence punishable under Sections 317(2), 317(4),
317(5), 338, 336(3), 323, 111(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. The petitioner along with co-accused Raja Kumar
were apprehended with stolen motorcycles, mobile phones and
keys and on query, they failed to produce any valid documents
for the same.
4. Learned counsel for the petitioner submits that
nothing has been recovered from conscious possession of the
petitioner. In fact, on the alleged date of occurrence, the
Patna High Court CR. MISC. No.2977 of 2026(3) dt.23-02-2026
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petitioner was returning from the house of his relative and the
police arrested him on suspicion and remanded him in this false
and concocted case. Petitioner has no concern with the alleged
offence. Further submission is that similarly situated co-
accused, Raja Kumar, has been granted bail by a co-ordinate
Bench of this Court by order dated 28.01.2026 passed in Cr.
Misc. No.3450 of 2026 and another co-accused Dukhi Yadav
has been granted bail by a co-ordinate Bench of this Court vide
order dated 15.01.2026 passed in Cr. Misc. No.89800 of 2025.
Lastly, it is submitted that the petitioner is in custody since
03.10.2025 having one criminal case against him.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the ACJM-VII, Darbhanga, in
Singhwara PS Case No.271 of 2025, subject to the conditions (i)
that the petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below, (ii)
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that one of the bailors will be his own blood relation, preferably
father, mother, brother, sister and or his wife, (iii) that the bailor
shall also state on affidavit that he will inform the court
concerned if the petitioner is made accused in any other case of
similar nature after his release in the present case and thereafter
the court below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse, and (iv) that if the
petitioner tampers with the evidence or the witnesses, in that
case, the prosecution will be at liberty to move for cancellation
of bail.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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