Patna High Court

Chhotu Kumar @ Chotu KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

The Court grants anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Chhotu Kumar sought anticipatory bail fearing arrest in a FIR (Case No. 246 of 2025) alleging offences under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Arms Act. The prosecution alleged that Kumar was part of a group that attacked an informant, threatened him with a pistol, and stole money and a chain. The petitioner contended that the prosecution’s narrative was fabricated, that no specific allegation of assault or firing was made against him, and that his name did not appear in the accused’s statements. The State opposed the bail, but the Court noted the absence of a direct charge against the petitioner. Consequently, the Court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNS.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the lack of specific allegation against him in the FIR

Legislation cited

Arms Act — s. 27
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)

Subjects

anticipatory bail
FIR
Bharatiya Nagarik Suraksha Sanhita
Arms Act
false allegations
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1668 of 2026
                    Arising Out of PS. Case No.-246 Year-2025 Thana- MAGADH MEDICAL COLLEGE
                                                      District- Gaya
                 ======================================================
                 Chhotu Kumar @ Chotu Kumar Son of Late Rajesh Yadav Resident of
                 Village- Gopi Bigha, P.S.- Magadh Medical, District- Gaya

                                                                              ... ... Petitioner
                                                    Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Durgesh Nandan, Advocate
                 For the Opposite Party/s :    Ms. Rina Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Magadh Medical P.S. Case No. 246 of 2025, registered for

                   the offences punishable under Sections 126(2), 115(2), 303(2),

                   109, 352, 351(2) and 3(5) of the BNS, 2023 and Section 27 of

                   the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   informant after closing his fish shop, was going to his house in

                   the meantime, persons on three motor-cycles came and

                   surrounded him from both sides and the accused persons namely

                   Lalu Kumar, Rokı Kumar, Vicky Kumar, Chhotu Kumar (the

                   petitioner) and two unknown persons got off from the motor-
Patna High Court CR. MISC. No.1668 of 2026(2) dt.28-01-2026
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          cycle, thereafter it is alleged that Lalu Kumar had a pistol who

          threatened the informant to kill him. It is next alleged that Roki

          attacked him, Vicky snatched his chain and Lalu took away the

          bag and Rs. 27,000/-.

                       4. Learned counsel for the petitioner submits that the

          entire prosecution story is false, fabricated and concocted.

          Learned counsel for the petitioner submits that there is no

          manner of occurrence as alleged has ever taken place. It is

          further submitted that the allegations are general and omnibus in

          nature. It is also submitted that although the petitioner is named

          in the FIR but in the statement of the accused, his name does not

          appear. It is further submitted that neither the allegation of

          firing nor snatching has been made against the petitioner.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. Considering the fact that there is no specific

          allegation against the petitioner of assaulting the informant and

          that he is said to be member of the group, this Court is inclined

          to grant privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, named above, in the event of his

          arrest or surrender before the Court below within four weeks

          from today, be released on bail on furnishing bail bond of
          Patna High Court CR. MISC. No.1668 of 2026(2) dt.28-01-2026
                                                      3/3




                    Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                    the like amount each to the satisfaction of the learned Additional

                    Chief Judicial Magistrate, Vth, Gaya in connection with

                    Magadh Medical P.S. Case No. 246 of 2025, subject to the

                    conditions laid down under section 482(2) of the Bharatiya

                    Nagarik Suraksha Sanhita, 2023.



                                             (Alok Kumar Sinha, J)
Gaurav Sinha/-

U

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