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Patna High CourtCR. MISC./17806/2026allowed

Chhotu Singh @ Chhotu Kumar v. The State Of Bihar

2026-03-18Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17806 of 2026 Arising Out of PS. Case No.-73 Year-2025 Thana- AAYAR District- Bhojpur ====================================================== Chhotu Singh @ Chhotu Kumar S/O Hari Govind Singh R/O VillageBherari, P.S- Ayer, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 103(1) and 109 of B.N.S. and Section 27 of the Arms Act.

3. The case of the prosecution is that one Lallu @ Mantosh has fired at the informant but he somehow escaped. After this, Lallu fired another shot at the father of the informant which hit on his chest due to which he fell down. When the uncle of the informant Dadan Singh came to rescue then it is alleged that Chhotu Singh (petitioner) caught him and Santosh Singh fired at him which hit in his stomach. It is also alleged that Hari Govind Singh has also fired at the father of the informant.

Patna High Court CR. MISC. No.17806 of 2026(2) dt.18-03-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that from perusal of the FIR itself, it is clear that there is allegation that petitioner has caught the uncle of the informant and there is no allegation of firing on the petitioner. According to FIR, the first gun shot which was hit by Lallu is said to be fired at chest of the deceased. He has also submitted that the postmortem report goes to show that the deceased has received only one entry and one exit wound. There is allegation of two shots of firing. As far as the fire made by Hari Govind Singh is concerned, it is not made clear as to where did it hit.

As such, it has been submitted that the main thrust of allegation is against Lallu @ Mantosh. During course of investigation, victim Dadan Singh is concerned, he has given his statement before police and has stated that Lally @ Mantosh has fired at him. Learned counsel for the petitioner has submitted that since the victim himself has stated that Lallu has fired, then it becomes clear that there is no allegation of firing from the petitioner. A statement has been made in para-4 of this petition that the petitioner is languishing in judicial custody since 15.09.2025.

Patna High Court CR. MISC. No.17806 of 2026(2) dt.18-03-2026 3/3 that similarly situated co-accused have been granted bail by this Court vide Cr. Misc. No. 88587 of 2025 with Cr. Misc. No. 1561 of 2026.

5. Learned APP appearing for the State has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge both the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ayer (Aayer) P.S. Case No. 73 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Bhojpur at Ara.

(Ashok Kumar Pandey, J) durgesh/- U T