Patna High Court
Chhotan Kumar @ Chhotan PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to bail as the allegations are vague and no weapon was recovered, rendering continued custody unjustified.
Summary
Chhotan Kumar was arrested in connection with a firearm incident that allegedly caused a bullet injury to Akhilesh Thakur and was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, 1959. He had been in custody since 22 May 2025 and filed a second application for regular bail. His counsel argued that the FIR did not specifically allege that the petitioner’s bullet actually hit anyone, that the allegations were omnibus, and that no weapon was recovered, suggesting a false implication. The court examined the nature of the allegations and the length of custody and found the prosecution’s case insufficiently specific. Consequently, the court allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the FIR sufficiently alleges that the petitioner fired a bullet that caused injury, justifying continued detention.
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 329(3), 3(5), 351(2), 351(3), 352
Subjects
- regular bail
- firearm injury
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
- omnibus allegation
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31971 of 2026
Arising Out of PS. Case No.-605 Year-2024 Thana- SARAIYA District- Muzaffarpur
======================================================
Chhotan Kumar @ Chhotan Pathak S/o Vishvanath Pathak R/o Village -
Chaubey Ambara, P.S. - Saraiya,Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha
For the Opposite Party/s : Mr.Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 14-05-2026 Heard the parties.
2.This is the second attempt of the petitioner for grant
of regular bail in connection with Sessions Trial No. 1022 of
2025 arising out of Saraiya P.S. Case No. 605 of 2024,
registered for the offences punishable under Sections 329(3),
126(2), 115(2), 109, 352, 351(2), 351(3), 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act, 1959.
3. The allegation against the petitioner is of causing
fire arm injury alongwith two other co-accused persons, leading
to bullet injury to one Akhilesh Thakur.
4. The petitioner is in custody since 22.05.2025.
5. Learned Advocate appearing on behalf of the
petitioner, taking this Court through the FIR, has contended that
even as per the narration, it is not specifically alleged that as to
Patna High Court CR. MISC. No.31971 of 2026(2) dt.14-05-2026
2/2
whether the bullet fired by the petitioner has hit any one, much
less to Akhilesh Thakur. There is omnibus nature of allegation
of making indiscriminate firing. In fact, the reason behind the
false implication is said to be Saraiya P.S. Case No. 515 of
2024, lodged by the wife of the petitioner against the family
members of the informant; the present FIR is nothing, but
instituted with a view to settle the score with the petitioner.
Moreover, no arms and ammunition has been recovered from
the whereabout of the petitioner.
6. Considering the facts of the case and the period
of custody of the petitioner, 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 learned concerned Court below in connection with Sessions
Trial No. 1022 of 2025 arising out of Saraiya P.S. Case No. 605
of 2024.
(Sandeep Kumar, J)
Vikas/-
U
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