Mohit Kumar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43113 of 2026 Arising Out of PS. Case No.-92 Year-2026 Thana- MIRGANJ District- Gopalganj ====================================================== Mohit Kumar Chauhan Son of Late bharat Chauhan @ Bharat Mahto Resident of Village- Khushihal Chhapar, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adesh Raj Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-07-2026 Heard Mr. Adesh Raj Singh, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 15.02.2026, in connection with Mirganj P.S. Case No. 92 of 2026, F.I.R. dated 14.02.2026 registered for the offences punishable under Sections 317(5), 317(4), 318(2), 338, 336(3), 340(2), 111 & 3(5) of the B.N.S., 2023.

3. According to prosecution case, co-accused person, namely, Babi Ram @ Bobby Ram had stolen the motorcycle of the informant and also disclosed that one Ajay used to keep those stolen motorcycles and later on they sell it to the accused petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the

Patna High Court CR. MISC. No.43113 of 2026(2) dt.01-07-2026 2/3 present case on the basis of disclosure made by apprehended coaccused person, namely, Babi Ram @ Bobby Ram and nothing has been recovered from the conscious possession or the house of the petitioner and except the disclosure made by apprehended coaccused person, no cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that co-accused Babi Ram @ Bobby Ram who has confessed the name of the petitionir has been granted bail by this Court vide order dated 17.06.2026 passed in Cr. Misc. No. 37447 of 2026 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 15.02.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner has been acquitted by the learned Trial court.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj

Patna High Court CR. MISC. No.43113 of 2026(2) dt.01-07-2026 3/3 P.S. Case No. 92 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T