Patna High Court
Chhotu Kumar @ Chhotan Kumar @ ChhotanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, subject to bond and surety conditions.
Summary
Chhotu Kumar petitioned the Patna High Court for regular bail in a case registered under Section 140(2) of the Bihar Narcotic Substances Act and Sections 25(1‑b)a, 26 and 35 of the Arms Act, alleging that he was falsely implicated in a kidnapping and ransom demand. He claimed he was not named in the FIR and that CCTV footage did not show his involvement, while the victim’s statement mentioned only two persons abducting him. The State opposed the bail on the ground of the seriousness of the offences. The Court examined the evidence, noted the lack of direct identification of the petitioner, and considered the principle of presumption of innocence. It ordered that the petitioner be released on regular bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to verification of his criminal antecedents.
Issues considered
- Whether regular bail should be granted to the petitioner in a kidnapping and arms‑related offence where the petitioner is not directly identified in the FIR or CCTV footage.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 140(2)
Subjects
- regular bail
- kidnapping
- arms act
- presumption of innocence
- CCTV evidence
- ransom demand
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86983 of 2025
Arising Out of PS. Case No.-43 Year-2025 Thana- Karvandiya District- Rohtas
Chhotu Kumar @ Chhotan Kumar @ Chhotan Son of Vimal Singh Resident
of Village - Dhanpurawa, P.S.- Darigaon (Darigaw), District - Rohtas at
Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Adv.
For the Opposite Party/s : Mr. J. N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 17-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks regular bail in connection with
Karvandiya P.S. Case No. 43 of 2025 registered for the offence
punishable under Section-140(2) of the B.N.S. and 25(1-b)a, 26, 35
of the Arms Act.
3. Allegedly, in course of returning home after closing his
grocery shop, in the way, a Swift Dzire car intercepted him and three-
four persons came out of the car and forcibly made him sit in the car.
It is also alleged that ransom amount of Rs. 50,000,00/- was
demanded by the abductor by calling on the victim’s wife mobile.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and he has falsely been implicated in this
case. He is not named in the F.I.R. The victim in his statement
Patna High Court CR. MISC. No.86983 of 2025(3) dt.17-02-2026
2/2
recorded at paragraph-53 of the case diary has stated that two persons
got down from the vehicle and forcibly made him sit in that vehicle.
In CCTV footage (paragraph-11 of the case diary) only two persons
were seen forcibly taking away the victim in the vehicle. The
petitioner was not seen in the CCTV footage. He is under custody
since 29-05-2025.
5. Learned counsel appearing for the State has opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances, let
the petitioner named above, be released on bail on furnishing bail
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial Magistrate,
Sasaram, Rohtas in connection with Karwandiya P.S. Case No. 43 of
2025.
7. Before accepting the bail bonds, the criminal
antecedent of the petitioner shall be verified and if, it is found
that he is involved in any other case except the case(s), mentioned
in paragraph-3 of the bail petition, his bail bonds shall not be
accepted.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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