Patna High Court
Chhotu Kumar @ Chotu Kumar,versusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted to the petitioners.
Summary
The petitioners—Chhotu Kumar, Pawan Kumar and Abhishek Kumar—were arrested on 28‑12‑2025 for allegedly assaulting a police party that was detaining criminals involved in liquor smuggling. They were charged under multiple provisions of the Bharatiya Nyaya Sanhita, 2023, including offences relating to assault, obstruction of police, and unlawful seizure of property. The petitioners applied for regular bail, contending that they were entitled to liberty pending trial. The Court examined the seriousness of the alleged assault on police personnel, the injury caused, and the forcible removal of arrested individuals and seized liquor. Considering these aggravating facts, the Court concluded that granting bail would be inappropriate. Consequently, the application for regular bail was rejected.
Issues considered
- Whether the petitioners are entitled to regular bail despite being charged with assaulting police officers and related offences under the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 121(1), 126(2), 132, 190, 191(2), 191(3), 263, 351(2), 351(3), 352
Subjects
- regular bail
- assault on police
- liquor seizure
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19844 of 2026
Arising Out of PS. Case No.-126 Year-2025 Thana- NAYA RAM NAGAR District- Munger
======================================================
1. Chhotu Kumar @ Chotu Kumar, S/o- Late Dilip Yadav @ Late Delip Yadav
R/o- Gram Kanhaiyachak, Patam, Ratanpur, Post- Patam, P.s- Nayaram
Nagar, Dist- Munger, Bihar.
2. Pawan Kumar S/o- Ravindra Yadav R/o- Gram Kanhaiyachak, Patam,
Ratanpur, Post- Patam, P.s- Nayaram Nagar, Dist- Munger, Bihar.
3. Abhishek Kumar @ Manish Kumar S/o- Kuldip Yadav @ Kuldeep Yadav
R/o- Gram Kanhaiyachak, Patam, Ratanpur, Post- Patam, P.s- Nayaram
Nagar, Dist- Munger, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar
For the Opposite Party/s : Mr. Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Nayaram Nagar P.S. Case No. 126 of 2025 registered for the
offence under Sections 126(2), 115(2), 191(2), 191(3), 190, 263,
117(2), 109, 121(1), 132, 352, 351(2) and 351(3) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are
alleged to have attacked the police party when the police party
had arrested the criminals dealing with the liquor. The
petitioners are in custody since 28.12.2025.
Patna High Court CR. MISC. No.19844 of 2026(2) dt.31-03-2026
2/2
4. Considering the fact that the petitioners assaulted
the police personnel causing injuries, and forcibly took away the
arrested persons along with the seized liquor, this Court is not
inclined to grant regular bail to the petitioners.
5. Accordingly, this application for regular bail stands
rejected.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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