Patna High Court
Chotu @ Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties of equal amount.
Summary
The petitioner, Chotu @ Amarjeet Kumar, was arrested in connection with a case registered under Sections 109/3(5) of the BNS and Sections 27, 25(1‑B)a, 26 and 35 of the Arms Act for allegedly firing upon a victim. He had been in custody since 20‑02‑2026 and claimed that he was falsely implicated and that the actual assailant was a co‑accused. The petitioner’s counsel argued that he was innocent and sought bail. The High Court, after hearing the parties, granted bail on the condition of a Rs.10,000 bond with two sureties of the same amount. The Court clarified that its order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS and the Arms Act
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- false implication
- surety
- trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30714 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- KRITYANAND NAGAR District- Purnia
======================================================
Chotu @ Amarjeet Kumar Son of Rajendra Paswan Resident of Village -
Baghmara, Ward No. 15, P.S.- K. Nagar, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Singh
For the Opposite Party/s : Mr.Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with K.
Nagar P.S. Case No. 31 of 2026 registered for the offence under
Sections 109/3(5) of the BNS, under Sections 27, 25(1-B)a, 26
and 35 of the Arms Act.
3. As per the prosecution case, the petitioner and
others are said to have fired upon the victim.
4. The petitioner is in custody since 20.02.2026.
5. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and has falsely been
implicated in this case. He further submits that the petitioner is
not the assailant of the victim and the assailant of the victim is
the co-accused.
Patna High Court CR. MISC. No.30714 of 2026(2) dt.08-05-2026
2/2
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, 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 concerned Court below in connection with K.Nagar P.S.
Case No. 31 of 2026.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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