Chhotu Kumar @ Namdev Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Chhotu Kumar @ Namdev Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Appellant directed to be released from custody in connection with Lachhaur P.S. Case No. 97 of 2023 on bail, on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each (one of whom must be the appellant's parent), to the satisfaction of the learned Children's Court at Jamui; Jurisdictional Probation Officer to remain in touch and submit quarterly reports on the appellant's antecedents; Children's Court at liberty to cancel bail on adverse report without further reference to this Bench. Criminal Appeal allowed.

Issue for consideration

Whether the appellant, found by the Juvenile Justice Board to be minor on the date of commission of the offence, is entitled to bail notwithstanding rejection of his bail prayer on the ground of involvement in a heinous offence. +1 more

Court's answer

The appellant was directed to be released on bail on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each, one of whom must be the parent of the appellant, to the satisfaction of the Children's Court at Jamui, with the Jurisdictional Probation Officer to remain in touch and submit quarterly reports; the Children's Court was left at liberty to cancel bail on any adverse report without further reference to the High Court.

Ratio / Principle

A statement made by a witness is not admissible in evidence against an accused until and unless it is corroborated on material details; the appellant was arrested only on the basis of the statement of the wife of the deceased.

Key takeaways

The learned Lower Appellate Court did not consider that the appellant was arrested on the statement of the wife of the deceased, failed to appreciate the ratio laid down in Lalu Kumar (2019 4 PLJR 833), and overlooked that the appellant had been in custody for over one and a half years with no firearm seized from his possession.ratio¶17
The instant Criminal Appeal is allowed.ratio¶22

Detailed headnote1 paragraphs

Bail — juvenile in conflict with law — appellant found by the Juvenile Justice Board to be minor on the date of commission of the offence; bail prayer rejected on the ground of involvement in a heinous offence, considering the social investigation report. Held, releasing the appellant on bail: (i) a statement made by a witness — here the wife of the deceased, on whose statement the appellant was arrested — is not admissible in evidence against an accused until and unless corroborated on material details; (ii) no firearm was seized from the appellant's possession and he had been in custody for more than one and a half years; (iii) the Lower Appellate Court (Special Judge, Children's Court, Children Case No. 7 of 2024) failed to appreciate the ratio laid down in Lalu Kumar v. State of Bihar, 2019 4 PLJR 833. Bail granted on bonds of Rs. 10,000 with two sureties of the like amount (one a parent), with quarterly probation reports and liberty to the Children's Court to cancel bail on adverse report. Criminal Appeal allowed (Bibek Chaudhuri, J).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3107 of 2024

Arising Out of PS. Case No.-97 Year-2023 Thana- LACHHUAR District- Jamui

======================================================

Chhotu Kumar @ Namdev Son Of Mithlesh Thakur (WRONGLY Mentioned In Impugned Order 21 Years), Resident Of Village - Abhaypur, Police Station - Jamui, District - Jamui, Under The Guardianship Of His Father Namely Mithlesh Thakur, Resident Of Village - Abhaypur, Police Station - Jamui, District - Jamui

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Shailesh Anand, Advocate For the Respondent/s : Mr.Ramchandra Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

4 19-04-2025

I have heard the learned counsels for the parties.

The appellant has prayed for bail in connection

with Lachhuar P.S. Case No. 97 of 2023 registered for the offence under Sections 341, 323, 379, 307, 504, 506 with added Section 302/34 and 120B of the IPC and Section 27 of the Arms Act.

The Juvenile Justice Board found that the appellant was minor on the date of commission of offence. However, his prayer for bail was rejected on the basis of his involvement in heinous offence, considering the social investigation report.

I have gone through the impugned judgement passed by the learned Special Judge Children’s Court in

Patna High Court CR. APP (SJ) No.3107 of 2024(4) dt.19-04-2025 2/3

Children Case No. 7 of 2024. It is not considered by the learned Lower Appellate Court that the appellant was arrested on the basis of statement made by the wife of the deceased. A statement made by a witness is not admissible in evidence against an accused until and unless it is corroborated on material details. The appellant has been in custody for more than one and a half years. No firearm was seized from the possession of the appellant. The learned Lower Appellate Court did not consider and fail to appreciate the ratio laid down by this Court in Lalu Kumar & Ors. v. State of Bihar and Ors. reported in 2019 4 PLJR 833.

In view of such circumstances, I am inclined to release the appellant on bail.

The appellant is directed to be released from custody in connection with Lachhaur P.S. Case No. 97 of 2023 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, one of whom must be the parent of the appellant, to the satisfaction of the learned Children’s Court at Jamui, with the further condition that if on bail, the Jurisdictional Probation Officer shall remain in touch with the appellant and submit quarterly report of the appellant to the learned Children’s Court, Jamui, about the

Patna High Court CR. APP (SJ) No.3107 of 2024(4) dt.19-04-2025 3/3

antecedents of the appellant. If any adverse report is received, the Children’s Court is at liberty to cancel the order of bail of the appellant without further reference to this Bench.

The instant Criminal Appeal is, accordingly,

allowed.

(Bibek Chaudhuri, J)

uttam/-

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