Patna High Court
Chhotu Choudhary @ Chhotu Kumar @ Chhotan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Chhotu Choudhary, was implicated in a murder investigation (PS Case No. 375 of 2025) for offences under Sections 140(3), 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita. He was not named in the FIR; his alleged involvement emerged from the confessional statement of co‑accused Rahul Kumar, who had already been granted bail. The petitioner, who has been in custody since 22‑05‑2025, claimed a clean antecedent and that the charge had already been framed. The State opposed the bail application, arguing the seriousness of the accusations. Considering the petitioner’s clean record, the length of pre‑trial detention, and the nature of the evidence, the Court allowed regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to a person not named in the FIR but implicated through a co‑accused’s confessional statement.
- Whether the nature of the offences and the period of pre‑trial custody justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 140(3), 238, 3(5)
Subjects
- regular bail
- criminal procedure
- confessional statement
- co‑accused
- clean antecedent
- Bharatiya Nyaya Sanhita
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2986 of 2026
Arising Out of PS. Case No.-375 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Chhotu Choudhary @ Chhotu Kumar @ Chhotan Kumar S/O Inardeo
Choudhary @ Indradev Chaudhary Resident of Vill.- Dalelganj (Sasaram),
P.S.- Sasaram (Town), Dist.- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Sasaram (Town) P. S. Case No. 375 of 2025 registered for the
offences punishable under Sections 140(3), 103(1), 238, 3(5) of
the Bharatiya Nyaya Sanhita.
3. As per prosecution case, son of informant went
outside but did not return and later on, his dead body was
recovered from a pond.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R. and his name transpired
during investigation on the basis of confessional statement of
co-accused Rahul Kumar who has already been granted regular
Patna High Court CR. MISC. No.2986 of 2026(3) dt.22-04-2026
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bail by this court vide order dated 16.02.2026 passed in Cr.
Misc. No. 4062 of 2026. Petitioner claims clean antecedent and
is in custody since 22.05.2025. Charge has already been framed.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned District & Sessions Judge- 9 th, Rohtas at Sasaram in
connection with Sessions Trial No. 451 of 2025 in Sasaram
(Town) P. S. Case No. 375 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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