Patna High Court
Chhotu Kumar @ Rajesh Kumar @ ChhotuversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner does not satisfy the conditions for regular bail and therefore the bail application is rejected.
Summary
The petitioner, Chhotu Kumar, was charged under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act for a case registered in 2023. He applied for regular bail for the second time after an earlier bail denial in July 2024. The court heard arguments from the petitioner’s counsel and the State, and the SHO testified that four of seven witnesses had been examined. The court examined whether the petitioner met the statutory criteria for bail in serious offences involving murder, conspiracy, and illegal arms. Finding no sufficient ground to overturn its earlier decision, the court rejected the bail application. The personal appearance of the officer was dispensed with.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of murder, conspiracy and illegal possession of arms
- Whether the evidence and witness examination justify granting bail under the provisions of the Criminal Procedure Code
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- conspiracy
- arms possession
- Indian Penal Code
- Criminal Procedure Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40771 of 2025
Arising Out of PS. Case No.-681 Year-2023 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Chhotu Kumar @ Rajesh Kumar @ Chhotu S/O Sanjivan Singh @ Sanjeev
Kumar R/Vill.- Bhairwar, P.S.- Muffasil, Dist.- Begusarai
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj, Advocate
Mr. Anuj Kumar
For the Opposite Party/s : Mr. Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 18-03-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State. Pursuant to the order dated
11.03.2026, the SHO of Begusarai Muffasil Police Station
Begusarai has appeared and assisted the Court.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Muffasil (Lakho OP) P.S. Case No. 681 of
2023 registered for the offence under Sections 302, 201/34 of
the Indian Penal Code and Section 27 of the Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 31.07.2024 in Cr. Misc. No. 38199 of 2024.
4. The SHO has informed this Court that out of 7
witnesses, 4 witnesses have already been examined and the rest
of the witnesses will be examined on the dates fixed.
Patna High Court CR. MISC. No.40771 of 2025(5) dt.18-03-2026
2/2
5. In view of the above, this Court finds no ground to
review its earlier order. Accordingly, this application for regular
bail stands rejected.
6. The personal appearance of the officer is dispensed
with.
(Sandeep Kumar, J)
Shishir/-
U
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