Patna High Court
Chhotu Kumar @ Chotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The Court denied bail to the petitioner.
Summary
Chhotu Kumar petitioned for bail in a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, alleging he was falsely implicated through a co-accused's confessional statement and not named in the FIR. The prosecution contended that material in the case diary indicated his involvement, including alleged procurement of the pistol used in the murder of Sudhir Kumar. The petitioner, in custody since 28 July 2025 and with one prior criminal antecedent, argued the allegations were general and omnibus. The State opposed bail, emphasizing the gravity of the offences and the risk of the petitioner’s participation in the crime. The Court, after considering the seriousness of the offences and the evidence, refused to grant bail, rejecting the petition.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 302/34 IPC and Section 27 Arms Act given the alleged involvement and seriousness of the offence.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76264 of 2025
Arising Out of PS. Case No.-760 Year-2023 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Chhotu Kumar @ Chotu Kumar S/o Ganesh Das R/o Village - Chak
Baladhari, (Vishunpur Baladhari), P.S - Sadar Hajipur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Hajipur
Sadar P.S. Case No. 760 of 2023 instituted for the offences
under Sections 302/34 of the Indian Penal Code and Section 27
of the Arms Act.
3. Prosecution case, in short, is that the informant
alleges that on 08.10.2023 at about 11:00 PM, two unknown
persons entered her house by jumping the wall and shot her
husband Sudhir Kumar on the head while he was sleeping,
resulting in his death.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of confessional statement of
Patna High Court CR. MISC. No.76264 of 2025(3) dt.04-02-2026
2/2
co-accused Prabhat Kumar @ Sonu. Learned counsel for the
petitioner submits that general and omnibus allegation has been
made against the petitioner. It has been submitted on behalf of
the petitioner that the petitioner is in custody since 28.07.2025
and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner stating that
as per the material available in the case diary, the involvement
of the petitioner in the commission of murder of the deceased
cannot be discarded. He further submitted that it was the
petitioner who had arranged the pistol which was used in the
alleged occurrence.
6. Considering the aforesaid facts and circumstances
of the case, material available in the case diary as also the nature
and gravity of offence, this Court is not inclined to grant bail to
the petitioner at this stage.
7. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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