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Patna High Court

Chhotelal @ Moter Yadav @ Motar Yadav @ Chotelal @ Chhotelal Yadav @ Chhotelal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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