Chhotu Dubey @ Kamleshwar Kumar @ Chhotu Dube v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2300 of 2026 Arising Out of PS. Case No.-924 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Aman Sarraf @ Aman Soni S/o Amarnath Sah R/o Village - Block Road Barwa, Police station - Shikarpur, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 2678 of 2026 Arising Out of PS. Case No.-924 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Chhotu Dubey @ Kamleshwar Kumar @ Chhotu dube Son of Late Bhola Dubey R/O Hardiya Chowk, Ward No.- 20, P.S.- Shikarpur, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 12915 of 2026 Arising Out of PS. Case No.-924 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Sudhir Pandey @ Aditya Kumar Pandey S/o Late Anil Pandey R/o VillagePandey Tola, Narkatiyaganj, P.S- Shikarpur, Dist- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 2300 of 2026) For the Petitioner/s :
Mr. Bashishtha Narayan Mishra, Advocate Mr.Brij Kishor Mishra ,Advocate Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP For the Informant :
Mr. Rishabh Mishra, Advocate Mr. Shameem Akram, Advocate (In CRIMINAL MISCELLANEOUS No. 2678 of 2026) For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Jai Narain Thakur, APP
2/6 For the Informant :
Mr. Rishabh Mishra, Advocate Mr. Shameem Akram, Advocate (In CRIMINAL MISCELLANEOUS No. 12915 of 2026) For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP For the Informant :
Mr. Rishabh Mishra, Advocate Mr. Shameem Akram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-03-2026 Since all three bail petitions arise out of the same police station case, they were heard together and are being disposed of by this court.
2. Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.
3. The petitioners seek regular bail in connection with Shikarpur P.S. Case No. 924 of 2025 dated 19.09.2025, registered under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
4. As per the prosecution case, the brother of the informant was stabbed to death and on inquiry, the informant came to know that the petitioners and other co-accused persons were involved in the commission of the offence.
5. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. It is further submitted that so far as petitioner Sudhir Pandey @ Aditya Kumar Pandey in Cr. Misc. No. 12915 of 2026 is concerned, the prosecution has attributed a specific
3/6 allegation against him of having inflicted several knife blows on the person of the deceased. It is further submitted that during the course of investigation, the police recorded the confessional statements of co-accused persons, including Sudhir Pandey @ Aditya Kumar Pandey and Chhotu Dubey @ Kamleshwar Kumar @ Chhotu Dube in Cr. Misc. No. 2678 of 2026 and from the confessional statement of Sudhir Pandey @ Aditya Kumar Pandey, as recorded in paragraph no. 129 of the case diary, it transpires that an altercation took place between him and the deceased over their respective wives, which resulted in a scuffle during which he stabbed the deceased. The said statement is also stated to have led to the recovery of the knife used in the commission of the offence.
Thus, the materials on record prima facie disclose a specific role in the assault attributable to Sudhir Pandey @ Aditya Kumar Pandey. However, learned counsel draws the attention of this Court to paragraph no. 105 of the case diary, wherein the confessional statement of petitioner Chhotu Dubey @ Kamleshwar Kumar @ Chhotu Dube in Cr. Misc. No. 2678 of 2026 has been recorded.
4/6 injuries caused by him. It is further submitted that there is no material whatsoever in the case diary to indicate that petitioners Aman Sarraf @ Aman Soni in Cr. Misc. No. 2300 of 2026 or Chhotu Dubey @ Kamleshwar Kumar @ Chhotu Dube inflicted any knife blow on the person of the deceased. It is further submitted that even the confessional statement of Sudhir Pandey @ Aditya Kumar Pandey does not attribute any overt act of assault, particularly by use of a knife, to the petitioners Aman Sarraf @ Aman Soni and Chhotu Dubey @ Kamleshwar Kumar @ Chhotu Dube. At best, they are implicated merely by their presence, with no specific role in the fatal assault. Lastly, it is submitted that the petitioners have remained in judicial custody for a long period. Petitioner Aman Sarraf @ Aman Soni has been in custody since 21.09.
2025 and has no criminal antecedents. Petitioner Chhotu Dubey @ Kamleshwar kumar @ Chhotu Dube has been in custody since 23.09.2025 and has only one criminal case pending against him, in which he is already on bail. Petitioner Sudhir Pandey @ Aditya Kumar Pandey has been in custody since 08.10.2025 and has four criminal cases pending against him. However, he is on bail in all those cases.
6. On the other hand, learned counsel for the informant as well as the learned Additional Public Prosecutor
5/6 for the State have vehemently opposed the prayer for bail. It is submitted that there is a specific allegation against petitioner Sudhir Pandey @ Aditya Kumar Pandey in Cr. Misc. No. 12915 of 2026 that he repeatedly inflicted knife blows on the person of the deceased, leading to his death.
7. Since there is a specific allegation against petitioner Sudhir Pandey @ Aditya Kumar Pandey in Cr. Misc. No. 12915 of 2025 of inflicting repeated knife blows on the person of the deceased, this Court is not inclined to grant him bail. Accordingly, his prayer for bail is rejected.
8. However, the learned Trial Court is directed to take all endeavour to conclude the trial positively within a period of one year from the date of receipt/production of a copy of this order.
9. Having considered the facts and circumstances of the case as well as the submissions advanced on behalf of the parties, let the petitioners, namely Aman Sarraf @ Aman Soni in Cr. Misc. No. 2300 of 2026 and Chhotu Dubey @ Kamleshwar Kumar @ Chhotu Dube in Cr. Misc. No. 2678 of 2026, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Bettiah, District West
6/6 Champaran, in connection with Shikarpur P.S. Case No. 924 of 2025.
10. The applications are partly allowed.
(Khatim Reza, J) shyambihari/- U T