Patna High Court
Chhotu Mahto @ Jagdish Kumar @ Chhotu Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita — s. 109(1), 132, 310(4), 310(5), 317(5), 61(2)
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
Checking your session…