Patna High Court
Chhotelal @ Moter Yadav @ Motar Yadav @ Chotelal @ Chhotelal Yadav @ Chhotelal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Chhotelal Yadav, was apprehended for alleged looting of Rs.3000 from an informant's cash counter under Section 309(4) of the Bharatiya Nyaya Sanhita. He feared arrest in connection with PS Case No. 09 of 2025. The petitioner’s counsel submitted that the parties had amicably settled the dispute and a compromise petition had been filed in the lower court. The court considered the settlement, the nature of the offence, and the statutory provisions governing bail. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, 1973. The order was pronounced by Hon’ble Justice Sandeep Kumar.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the BNSS in view of an amicable settlement.
- Whether the conditions under Section 482 of the BNSS and Section 438(2) of the CrPC are satisfied for bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 309(4), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- settlement
- criminal procedure
- theft
- Section 309
- BNSS
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91062 of 2025
Arising Out of PS. Case No.-9 Year-2025 Thana- PHULWARIYA District- Gopalganj
======================================================
Chhotelal @ Moter Yadav @ Motar Yadav @ Chotelal @ Chhotelal Yadav @
Chhotelal Kumar S/o- Late Ramaji Chaudhary Village- Sahuchak PS-
Phulwariya District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Phulwariya (Fulwariya) P.S. Case No. 09 of 2025
instituted under Sections 309(4) of the Bharatiya Nyaya
Sanhita.
3. The petitioner is accused of looting Rs. 3000/-
from the cash counter of the informant.
4. Learned counsel for the petitioner submits that the
parties have settled their dispute amicably and a comprise
petition to this effect has also been filed in the Court below.
5. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
Patna High Court CR. MISC. No.91062 of 2025(2) dt.28-01-2026
2/2
of arrest or surrender before the Court below within six weeks
from today, the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate, XVI, Gopalganj/
concerned Court in connection with Phulwariya (Fulwariya) P.S.
Case No. 09 of 2025, subject to the conditions laid down in
Section 482 of the BNSS/ 438(2) of the Code of Criminal
Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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