Chhotu Kumar @ Tawahi @ Chhotelal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12052 of 2026 Arising Out of PS. Case No.-183 Year-2025 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Chhotu Kumar @ Tawahi @ Chhotelal Thakur S/o Late Akhilesh Thakur R/o Village - Khilwat, P.S - Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mithlesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 183 of 2025 instituted for the offences under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. Prosecution case, in short, is that on 05.03.2025 at about 12 noon, four unknown miscreants arrived at the informant's house on two motorcycles on the pretext of seeking a room for rent, forcibly entered her house, assaulted her nephew and maid, and looted ornaments and 4 lakh cash after obtaining the key of the Godrej almirah at gunpoint.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.12052 of 2026(2) dt.23-02-2026 2/3 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Anshu Kumar. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the looted articles. Chargesheet has been submitted in this case. Learned counsel for the petitioner further submits that other co-accused has been granted bail by this Bench vide order dated 14.10.2025 passed in Cr. Misc. No. 50860 of 2025. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.09.2025 and has three criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.12052 of 2026(2) dt.23-02-2026 3/3 below/concerned Court in connection with Hajipur Sadar P.S. Case No. 183 of 2025, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or close member.

(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T