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Patna High Court

Chhotan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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/-

U       T


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