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Patna High CourtCR. MISC./84058/2025bail granted

Chotan Paswan @ Chhotan Paswan @ Chotan Kumar @ Chhotan Kumar v. The State Of Bihar

2026-01-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84058 of 2025 Arising Out of PS. Case No.-2 Year-2022 Thana- AMAS District- Gaya ====================================================== Chotan Paswan @ Chhotan Paswan @ Chotan Kumar @ Chhotan Kumar Son of Late Rajendra Paswan Resident of Village- Kamaldah, P.S.- Praiya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Amas P.S. Case No. 02 of 2022, instituted for the offences punishable under Section 394 of the Indian Penal Code.

3. The prosecution case, in short, is that four unknown miscreants are alleged to have assaulted the informant and snatched the motorcycle of one Sujeet Kumar and also snatched mobile phone and jacket of the informant on the point of pistol.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.84058 of 2025(2) dt.20-01-2026 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Nitish Kumar and the same has got no evidentiary value. It is next submitted that neither any recovery has been made from the possession of the petitioner nor any T.I. parade has been conducted in this case. The petitioner is in custody since 08.08.2025 and has got six criminal antecedents. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 14.02.2025 passed in Cr. Misc. No. 83923 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

Patna High Court CR. MISC. No.84058 of 2025(2) dt.20-01-2026 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amas P.S. Case No. 02 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T