Patna High Court
Chhotan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to prescribed conditions.
Summary
The petitioner, Chhotan Kumar, applied for anticipatory bail fearing arrest in a robbery case (PS Case No. 455 of 2025) involving offences under Sections 281, 304, 3(5) and later 317(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner was part of a gang that snatched a bag containing Rs. 97,070, but the petitioner was not named in the FIR and his name only appeared in a co‑accused's confessional statement, with no incriminating material recovered from him or his residence. The petitioner argued that his inclusion was due to a personal dispute and highlighted his clean antecedent. The State opposed the bail. The High Court, after considering the facts and submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, imposing a bail bond and surety requirements and other compliance conditions. The order clarified that its observations would not affect the trial and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations and evidence.
- Whether the petitioner’s appearance only in a co‑accused’s confessional statement suffices to deny bail.
- Applicability of Section 438(2) CrPC and Section 482(2) B.N.S.S. in granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 281, 304, 317(2), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- robbery
- confessional statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6452 of 2026
Arising Out of PS. Case No.-455 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Chhotan Kumar S/O Pradip Singh R/O Vill.- Narchahi, P.O.- Barun, P.S.-
Mali, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Tiwari, Adv.
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Rafiganj P.S. Case No. 455 of 2025 registered
for the offence(s) under Section(s) 281, 304 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.). Section 317(2) of the
B.N.S. was also added lateron.
3. The prosecution case is to the effect that the
informant has alleged that while he was coming back after
making collections from Rafiganj Branch, some miscreants
came on a motorcycle and snatched away the bag containing Rs.
97070/-.
4. The learned counsel for the petitioner submits that
the petitioner is not named in the F.I.R. and during the course of
Patna High Court CR. MISC. No.6452 of 2026(2) dt.04-02-2026
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the investigation, his name has surfaced in the confessional
statement of one co-accused. It has been submitted that no
incriminating article has been recovered either from the
conscious possession of the petitioner or from the house of the
petitioner. It has further been submitted that on account of some
personal dispute, the name of the petitioner has been inserted in
the present case. It has lastly been submitted that the petitioner
has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
the event of his arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his furnishing bail bond in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court/successor Court where the
case is pending in connection with Rafiganj P.S. Case No. 455
of 2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 read with
Patna High Court CR. MISC. No.6452 of 2026(2) dt.04-02-2026
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corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
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