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Patna High Court

Chhotu Mahto @ Jagdish Kumar @ Chhotu Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied the petitioner's pre‑arrest bail.

Summary

The petitioner, Chhotu Mahto, sought pre‑arrest bail after being implicated in a case registered under Sections 25(1‑B)(a), 26, 35, 27 of the Arms Act and Sections 132, 109(1), 310(4), 310(5), 317(5) and 61(2) of the Bharatiya Nyaya Sanhita. The prosecution, based on an informant’s report, alleged that illegal weapons and cartridges were seized and that the petitioner fired at police while fleeing, noting three prior criminal convictions. The petitioner contended that he was falsely implicated and that no arms were recovered from him. The State opposed the bail application, emphasizing the seriousness of the offences and the petitioner’s antecedents. The Court, after considering the gravity of the allegations and the petitioner’s criminal history, rejected the prayer for pre‑arrest bail.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the offences under the Arms Act and Bharatiya Nyaya Sanhita.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • criminal antecedents
  • high court
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.969 of 2026
                   Arising Out of PS. Case No.-102 Year-2025 Thana- NOWKOTHI GARHPURA District-
                                                         Begusarai
                 ======================================================
                 Chhotu Mahto @ Jagdish Kumar @ Chhotu Kumar Mahto Son of Awadh
                 Mahto Resident of Samsa, P.S.-Nawkothi, Dist- Begusarai, Bihar.

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Keshav Bhardwaj, Advocate
                 For the Opposite Party/s :     Mr. Shyameshwar Dayal, Addl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in connection with

                   Nawkothi P.S. Case No. 102 of 2025 registered for the offences

                   punishable under Sections 25(1-B)(a), 26, 35, 27 of the Arms

                   Act and Sections 132, 109(1), 310(4), 310(5), 317(5) and 61(2)

                   of Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, informant, namely,

                   Dinesh Kumar, Sub-Inspector, Naavkothi seized illegal weapons

                   and cartridges. It is alleged that this petitioner was firing at

                   police team while fleeing from the spot. Petitioner has got three

                   criminal antecedents.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this
              Patna High Court CR. MISC. No.969 of 2026(2) dt.21-01-2026
                                                          2/2




                        case. No arms and ammunition has been recovered from the

                        possession of petitioner.

                                     5. Learned counsel for the State vehemently opposed

                        the prayer for bail.

                                     6. Considering the nature and gravity of allegation

                        and criminal antecedents, prayer for pre-arrest bail of the

                        petitioner is rejected.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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