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Patna High Court

Chhotu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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)
            Patna High Court CR. MISC. No.2977 of 2026(3) dt.23-02-2026
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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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