Chhotu Kumar @ Chhote Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24711 of 2025 Arising Out of PS. Case No.-154 Year-2024 Thana- BIND District- Nalanda ====================================================== Chhotu Kumar @ Chhote Kumar S/o Upendra Raut @ Upendra Prasad R/o Village- Gaushnagar, PS- Sarmera, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Bishweshwar Ram, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-04-2025 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 Bind P.S. Case No. 154 of 2024, registered for the offences under Sections 309(6) of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, two miscreants signalled the informant to stop while he had been going towards his house on his motorcycle. When the informant did not stop, the miscreants fired shot and the shot hit the informant in his right thigh and losing his balance the informant fell down. The miscreant came and took away gold and silver ornaments being carried by the informant. Subsequently, the name of the petitioner transpired for being involved in the occurrence.
Patna High Court CR. MISC. No.24711 of 2025(2) dt.30-04-2025 2/3
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no involvement of the petitioner in the alleged occurrence. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has been apprehended same day as he was found carrying country made katta and Ghoswari (Samyagarh) P.S. Case No. 270 of 2024 has been lodged against the petitioner under Section 25(1-B) (a), 26 of the Arms Act and in the said case the petitioner is on bail. Learned counsel further submits the petitioner had not been put to any Test Identification Parade though he has been in custody since 04.01.2025. The petitioner has got one criminal antecedent in which he is on bail and charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that the name of the petitioner transpired during investigation for being involved in the aforesaid occurrence.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on
Patna High Court CR. MISC. No.24711 of 2025(2) dt.30-04-2025 3/3 furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Bihar Sharif/concerned court, in connection with Bind P.S. Case No. 154 of 2024, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure 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) Anuradha/- U T