Chhotelal Kunwar @ Chhotu @ Chhotelal Kunvar @ Chhotu Kunwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17677 of 2025 Arising Out of PS. Case No.-576 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Chhotelal Kunwar @ Chhotu @ Chhotelal Kunvar @ Chhotu Kunwar S/O Mantun Kunwar @ Mantun Kunvar @ Mantun Kumar R/O Village- Samsa (Shamsa), Ward no. 11, P.S- Nawkothi, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 22149 of 2025 Arising Out of PS. Case No.-575 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Saurav Jha S/O Pravin Kumar Jha R/O Village- Maunbehat, P.S.- Manigachhi, District- Darbhanga, at present- House No.-51 A, Street No. 2A, Indraprashta, North Delhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 22382 of 2025 Arising Out of PS. Case No.-576 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Saurav Jha Son of Pravin Kumar Jha R/O- Maunbehat, P.S.-Manigachhi, Darbhanga at present House No.- 51 A, Street No. 2A, Indraprastha Colony, North Delhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 17677 of 2025) For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 22149 of 2025) For the Petitioner/s :
Mr. Saurabh Mishra, Advocate Ms. Singh Shivani, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 22382 of 2025)
2/4 For the Petitioner/s :
Mr. Saurabh Mishra, Advocate Ms. Singh Shivani, Advocate For the Opposite Party/s :
Ms. Meena Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners as well as learned APP for the State.
2. In this case, the petitioners are seeking regular bail in connection with Town P.S. Case No. 576 of 2024, registered for the offences punishable under Sections 310(4), 310(5), 310(6), 111(2) and 111(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per prosecution case, miscreants were fleeing away after committed dacoity in P.P. Jewellers. The owner of the P.P. Jewellers during chasing he fired which hit the leg of co-accused Shammi Kapoor and the present petitioner. After that they were nabbed and were admitted to hospital for their treatment.
4. For the same occurrence, two F.I.R.'s have been lodged. The first F.I.R. is Begusarai Town P.S. Case No. 575 of 2024 and second case is Town P.S. Case No. 576 of 2024. Begusarai Town P.S. Case No. 575 of 2024 has been lodged by owner of the shop and the present case was lodged by the S.H.O. of Town Police Station. According to the present F.I.R.,
3/4 the informant received an information that some criminals had committed dacoity in P.P. Jewellers and one co-accused, Shammi Kapoor and the present petitioner have become injured and they were under treatment in Sadar Hospital, Begusarai. Thereafter, the informant went to Sadar Hospital, Begusarai and recorded the confessional statement of injured, Shammi Kapoor.
5. It has not been explained by the informant as to what happened to Chhotelal Kunwar @ Chhotu @ Chhotelal Kunvar @ Chhotu Kunwar (the petitioner herein) when he was also injured with co-accused, Shammi Kapoor and he was also shifted to the same hospital where the treatment of Shammi Kapoor was going on.
6. So far as Saurav Jha is concerned, neither he was arrested from the spot nor any incriminating articles has been recovered from his possession and his name has figured in confessional statement of arrested co-accused persons. No Test Identification Parade has been conducted.
7. On the other hand, learned APP for the State opposes the prayer for bail of the petitioners.
8. Considering the above-mentioned facts and circumstances, the petitioners, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the
4/4 like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Begusarai in connection with Town P.S. Case No. 576 of 2024, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) Neha/- U T