Patna High Court
CHIKU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJEEV RANJAN PRASAD
Holding
The Court confirmed the interim order granting pre‑arrest bail, subject to a bond and conditions, as the petitioner was not identified by the informant and no material distinction existed from co‑accused who were granted bail.
Summary
The petitioner sought pre‑arrest bail in a 2018 case involving offences under Sections 341, 323, 394, 504 and 34 of the IPC for alleged assault and robbery. The prosecution alleged that the petitioner was part of a group that surrounded an informant on motorcycles and looted his belongings, but the informant did not identify the petitioner; his name appeared only in a co‑accused’s confessional statement. The petitioner had a prior criminal antecedent for which he was already on bail. The State opposed bail, but could not show that the petitioner’s case differed materially from co‑accused who had been granted bail. The Court, noting the lack of identification and the similarity to other co‑accused, confirmed the interim order and granted pre‑arrest bail subject to a bond of Rs. 25,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including verification of antecedents.
Issues considered
- Whether pre‑arrest bail can be granted when the petitioner is not identified by the informant but is mentioned in a co‑accused’s confessional statement.
- Whether the prosecution’s opposition establishes a sufficient ground to deny bail.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 323, 34, 341, 394, 504
Subjects
- pre‑arrest bail
- Indian Penal Code
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal antecedent
- identification
- assault
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61254 of 2023
Arising Out of PS. Case No.-178 Year-2018 Thana- ASHTHAWAN District- Nalanda
======================================================
Chiku Kumar Son of Rmchandra Prasad Resident of Village- Parvati, PS-
Kashichak, Distt- Nawada
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Shankar, Advocate
Ms. Nausheen Fatma, Advocate
Mr. Raj Kumar, Advocate
Ms. Archana Kushwaha, Advocate
For the State : Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
4 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner, in the present case, is seeking pre-
arrest bail in connection with Asthawan P.S. Case No. 178 of
2018 registered for the offences punishable under Sections 341,
323, 394, 504 and 34 of the Indian Penal Code. The petitioner
has got one criminal antecedent in which he is on bail.
3. Earlier the petitioner had moved this Court as one
of the petitioners in Criminal Miscellaneous No. 40911 of 2023.
When the said criminal miscellaneous case was taken up for
consideration, learned counsel for the petitioner sought
permission to withdraw the application on behalf of this
petitioner saying that he has already been arrested. As respect
the other petitioners, this Court having considered their case
Patna High Court CR. MISC. No.61254 of 2023(4) dt.25-02-2026
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granted pre-arrest bail vide order dated 28.07.2023.
4. As per the prosecution story on 12.06.2018 the
informant along with his friend was going to Biharsharif, in the
meantime, they were surrounded by some people on two
motorcycles. It is alleged that on the point of pistol, the culprits
assaulted the informant and looted his motorcycle key, mobile
phone, Rs. 10,000/- and several other things from his pocket and
left them at Sare More.
5. Learned counsel for the petitioner submits that the
name of the petitioner has transpired in the confessional
statement of the co-accused Sarvottam Kumar. The petitioner
has not been identified by the informant. The case of the
petitioner stands on similar footing with the co-accused Rajeev
Kumar and Mantu Kumar who have been granted privilege of
pre-arrest bail.
6. Learned Additional Public Prosecutor for the State
has though opposed the prayer for pre-arrest bail of the
petitioner but is unable to demonstrate that the case of the
petitioner is standing on a different footing.
7. Having regard to the facts and circumstances of the
case wherein it is alleged that the informant was surrounded by
some people on two motorcycles and then on the point of pistol
Patna High Court CR. MISC. No.61254 of 2023(4) dt.25-02-2026
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they looted him of his motorcycle key, mobile phone, Rs.
10,000/- but there being no identification of the petitioner, this
Court would confirm the interim order and directs that in case of
his arrest/surrender within a period of four weeks from today,
the petitioner above-named be enlarged on bail on furnishing
bail bond of Rs. 25,000/- (Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. Court at Biharsharif (Nalanda) in connection with
Asthawana P.S. Case No. 178 of 2018, subject to the conditions
as laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
8. And further condition that the learned trial court shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the learned trial court shall take step for cancellation of
bail bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for purpose
of or in the name of verification.
9. This application stands allowed.
(Rajeev Ranjan Prasad, J)
Rishi/-
U T
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