Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36931 of 2026 Arising Out of PS. Case No.-138 Year-2025 Thana- BELDOUR District- Khagaria ====================================================== Chhotu Kumar Son of Late Sudin Yadav @ Late Sudin Kumar Yadav Resident of Village- Bela Nauwad, P.S.- Beldour, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Prakash, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-06-2026 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 304, 103(1) and 3(5) of BNS.

3. The case of the prosecution is that while the informant was returning with his wife on a bike, two unknown miscreants pushed him and snatched the earrings of his wife. The wife of the informant fell down on the road and died on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the name of this

Patna High Court CR. MISC. No.36931 of 2026(2) dt.15-06-2026 2/3 petitioner has transpired in this case during investigation as he was identified through a photo on instagram. Learned trial court has recorded in its order that the informant has appeared at the police station and recognized the petitioner as soon as he saw the petitioner and told that this boy was driving the motorcycle at the time of the incident. Learned counsel has submitted that identification of the petitioner, if any, has been made at the police station which is not proper and even if the story of the prosecution is taken to be true, only allegation against the petitioner is that he was driving the alleged bike. In this case, no TIP has been conducted. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.06.2025.

5. Learned APP appearing for the State has vehemently 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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Beldour P.S. Case No. 138 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.36931 of 2026(2) dt.15-06-2026 3/3 each to the satisfaction of learned J.M. 1st Class-cum-A.M., Khagaria.

(Ashok Kumar Pandey, J) Shubham/- Sneha/- U T