Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9023 of 2026 Arising Out of PS. Case No.-142 Year-2025 Thana- BANGAWON District- Saharsa ====================================================== Chhotu Kumar Son of Birendra Yadav, Resident of Village- Rahuamani Ward No. 03, P.S.- Bangaon, District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Bangaon P.S. Case No. 142 of 2025 dated 15.09.2025, registered for the offences punishable under Section 309(4) of the B.N.S., 2023. However, chargesheet has been submitted under Sections 309(4), 317(2) and 317(5) of the B.N.S., 2023.

3. As per the prosecution case, three miscreants snatched the motorcycle of the informant at gun-point. The name of the petitioner transpired during investigation for also being involved in the occurrence.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in

Patna High Court CR. MISC. No.9023 of 2026(2) dt.17-02-2026 2/3 the present case. Nothing incriminating has been recovered from his person or possession. No test identification parade has been conducted to ascertain the identity of the petitioner as one of the miscreants. The name of the petitioner sprung up in this case on the basis of confessional statement of the co-accused Pawan Kumar, however, petitioner has no concern with the alleged robbery. There is no substantive material against the petitioner to show his complicity. Learned counsel next submits that petitioner is having antecedent of three cases and he is on bail in all the cases. Learned counsel lastly submits that petitioner is in custody since 05.10.2025 and chargesheet has been submitted.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner and further considering petitioner's period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saharsa / concerned Court, in

Patna High Court CR. MISC. No.9023 of 2026(2) dt.17-02-2026 3/3 connection with Bangaon P.S. Case No. 142 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T