Chhotu Mahto @ Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1960 of 2026 Arising Out of PS. Case No.-503 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Babloo Singh @ Sushil Singh S/O Late Heera Prasad Singh R/O Village - Damodarpur Ward no.- 5, P.S- Rosera, District -Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 2532 of 2026 Arising Out of PS. Case No.-503 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Chhotu Mahto @ Aman Kumar S/o Lalit Mahto Resident of villageBishanpur, Police Station - Begusarai, District-Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 1960 of 2026) For the Petitioner/s :
Mr. Vivekanand Singh, Advocate For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP (In CRIMINAL MISCELLANEOUS No. 2532 of 2026) For the Petitioner/s :
Mr. Rajesh Ranjan, Advocate :
Ms. Maria Nazir, Advocate :
Mr. Himanshu Ranjan, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-04-2026 Heard Mr. Vivekanand Singh, learned counsel for the petitioner, Md. Nazir Ansari, learned Additional Public Prosecutor for the State (In Cr. Mis. No. 1960 of 2026) and Mr. Rajesh Ranjan, learned counsel for the petitioner, Md. Ataur Rahman, learned Additional Public Prosecutor for the State (In Cr. Mis.No. 2532 of 2026) .
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2. Petitioners seek bail in connection with Rosera P.S. Case No. 503 of 2023, F.I.R. dated 09.09.2023 for the offences punishable under Sections 302, 120(B), 34 of Indian Penal Code and 27 of Arms Act.
3. According to prosecution case, the informant alleged the petitioners along with other co-accused persons in conspiracy committed murder of her husband due to land dispute and political rivalry.
4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. It is next submitted that during course of investigation confessional statement of co-accused, Md. Abrar Warsi was taken, which is recorded in paragraph no.139 of the case diary in which he has stated that another co-accused, Subhash Jha had fired upon the victim and thereafter petitioner, namely, Babloo Singh @ Sushil Singh had confessed his guilt and as far as allegation against these petitioners are concerned, they were only involved in conspiracy and except the confessional statement of co-accused and self-confessional statement of one of the petitioner, no other cogent material has come during investigation which suggest the involvement of the petitioners in the present occurrence and similarly situated co-
3/4 accused persons, namely, Saket Kumar @ Raja Jha @ Saket Kumar Jha @ Rakesh Kumar Jha and Rajesh Kumar Mandal @ Rajesh Mandal @ Khanna have been granted the privilege of bail by the co-ordinate Bench of this Court vide order dated 12.12.2025 and 02.05.2025 in Cr. Misc. No. 42584 of 2025 and Cr. Misc. No. 16598 of 2025. The police after investigation submitted charge-sheet against the petitioners and petitioner, namely Babloo Singh @ Sushil Singh is in custody since 01.02.2024 and petitioner, namely Chhotu Mahto @ Aman Kumar is in custody since 14.07.2024.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner, namely, Babloo Singh @ Sushil Singh has got six criminal antecedents in which he is acquitted in two case and he is on bail in three case and one case is pending for consideration before competent court of law and petitioner, namely, Chhotu Mahto @ Aman Kumar has got three criminal antecedents in which he is on bail in all cases.
6. Considering the aforesaid facts and circumstances as well as period of custody, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
4/4 satisfaction of the learned Additional District and Session judge 1st Rosera in connection with Rosera P.S. Case No. 503 of 2023, subject to the following conditions:- i. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Suruchi/- U T