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Patna High Court

CHIKU KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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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