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Patna High Court

Chhotu Singh @ Anand KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted to the petitioner upon furnishing a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Chhotu Singh, sought regular bail in a case (Obra P.S. Case No.130 of 2025) involving offences under Sections 115(2), 126(2), 351(2), 352, 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution alleged that the petitioner and a co‑accused, armed with pistols, fired at an informant after a brick was thrown at the informant's house, and threatened him, as captured on CCTV. The petitioner’s counsel argued that the case was false, arising from a neighbour dispute over drainage, that the petitioner has a clean antecedent, and that there was a delay in lodging the FIR. The State opposed bail. After considering the submissions and the circumstances, the court ordered that bail be granted on the condition of a Rs.10,000 bond with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
  • Whether the delay in filing the FIR and the claim of a false case affect the bail application.
  • Whether the petitioner’s clean antecedent and cooperation with trial warrant bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • false case claim
  • arms act
  • B.N.S. 2023
  • section 27
  • CCTV evidence
  • neighbor dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1408 of 2026
                       Arising Out of PS. Case No.-130 Year-2025 Thana- OBRA District- Aurangabad
                 ======================================================
                 Chhotu Singh @ Anand Kumar S/o Yugesh Singh R/o Village - Deokali, P.S -
                 Obra, District – Aurangabad.
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar.                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Singh, Advocate.
                 For the Opposite Party/s :        Ms. Pushpa Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   24-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Obra P.S. Case No.130 of 2025 for the offences registered under

                   Sections 115(2), 126(2), 351(2), 352, 3(5) of the B.N.S., 2023 and

                   Section 27 of the Arms Act.

                                3. As per the prosecution case, when the informant and

                   his mother were sleeping, in the meantime someone thrown brick

                   in his house. Upon hearing the same he came out of his house and

                   saw that petitioner alongwith co-accused Chhotu Singh son of

                   Bhola Singh both were armed with pistol in their hand, have fired

                   upon the informant due to which he ran inside the house and

                   closed the door but both the accused persons have threatened him

                   to kill which was recorded in the CCTV camera.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this case.
              Patna High Court CR. MISC. No.1408 of 2026(3) dt.24-02-2026
                                                          2/2




                        He further submits that petitioner and informant both are gotiya

                        and next door neighbors. Learned counsel submits that due to

                        dispute with respect to drainage between the parties, the present

                        false and concocted case has been lodged against the petitioner.

                        He further submits that charge sheet has already been submitted in

                        this case after completion of investigation. Learned counsel

                        submits that there is delay in lodging the F.I.R. He further submits

                        that petitioner has got clean antecedent, who is in custody since

                        09.10.2025 and he undertakes to co-operate in the trial.

                                     5. Learned counsel appearing on behalf of the State

                        opposes the prayer for grant of bail to the petitioner.

                                     6. Considering the submissions made on behalf of the

                        parties, facts and circumstances of the case, the nature of

                        allegation against the petitioner and the period of custody

                        undergone by him, let the petitioner, named above, be enlarged on

                        bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of learned S.D.J.M., Daudnagar/ concerned Court in

                        connection with Obra P.S. Case No.130 of 2025.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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