Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Chhotu Kumar was arrested in connection with a case involving alleged damage to vehicles, theft of Rs.40,000, assault on a staff member with a lathi and iron rod, and firing in the air. The charges include offences under IPC sections 341, 323, 427, 379, 307/34 and Section 27 of the Arms Act. The petitioner argued that the allegations were vague, that only the charge under Section 307 is non‑bailable and that it was not substantiated, and pointed to a similar co‑accused who had already been granted bail. The State opposed bail, citing two prior criminal cases against the petitioner. The court, after considering the facts and the petitioner's prolonged custody since 26‑09‑2025, decided to grant regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted for the offences alleged, including the non‑bailable charge under Section 307 IPC.
- Whether the allegations are sufficiently specific to justify denial of bail.
- Whether the petitioner's prior criminal antecedents preclude bail.
- Whether the bail granted to a co‑accused is determinative for the petitioner.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 34, 341, 379, 427
Subjects
- bail
- criminal procedure
- IPC
- attempt to murder
- arms act
- judicial custody
- bailable offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19766 of 2026
Arising Out of PS. Case No.-138 Year-2024 Thana- ATRI District- Gaya
======================================================
Chhotu Kumar Son of Late Sharwan Singh R/o Village - Panday Bigha, P.S. -
Atri, Dist. - Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Ranjan, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 341, 323, 427,
379 & 307/34 of the Indian Penal Code and under Section 27 of
the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner along with others has caused damage to the vehicles
parked outside the office of the informant and has broken the
glasses and took away Rs. 40,000/-. It is further alleged that they
have also assaulted the staff Praveen Kumar with lathi and iron
rod and made firing in air.
4. Learned counsel for the petitioner submits that the
nature of allegation is general and omnibus. It is further submitted
by learned counsel for the petitioner that it is not specific as to
Patna High Court CR. MISC. No.19766 of 2026(2) dt.10-04-2026
2/2
who has assaulted Praveen Kumar. It has further been submitted
that all the allegations, save and except allegation under Section
307 IPC, are bailable and in the facts and circumstances of the
case, the allegation under Section 307 IPC is not made out. It has
further been submitted that similarly situated co-accused has
already been granted bail by this court vide Cr. Misc. No. 69048 of
2025. The case of this petitioner stands on similar footing.
Moreover, he is languishing in judicial custody since 26.09.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner and has
submitted that the petitioner is having criminal antecedent of two
cases.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Atri P.S. Case No. 138 of 2024 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Gaya Ji.
(Ashok Kumar Pandey, J)
lata/-
U T
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