Patna High Court
Md. Chhotu @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The bail application was allowed and the petitioners were released on bail.
Summary
The petitioners, Md. Chhotu and Md. Chunna, were arrested in connection with a case registered under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the BNS for allegedly assaulting a victim. They had been in custody since 22 January 2026 and claimed they were falsely implicated and that the injury to the victim was minor. Their counsel argued that they were innocent and that the nature of the alleged injury did not warrant continued detention. The High Court examined the bail application, noting the lack of serious injury and the petitioners' claim of innocence. The Court allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties, while expressly stating that the order was limited to bail and did not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioners under the provisions of Sections 126(2), 115(2), 118(1), 109 and 3(5) of the BNS considering the alleged innocence and the nature of the injury.
Legislation cited
- BNS — s. 109, 115(2), 118(1), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- assault
- presumption of innocence
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20033 of 2026
Arising Out of PS. Case No.-128 Year-2025 Thana- KASBA District- Purnia
======================================================
1. Md. Chhotu @ Chhotu S/O Lal Mohammad Resident of Village- Madarghat,
Ward No.-11/20, P.S.- Kasba, District- Purnea.
2. Md. Chunna @ Chunna S/O Lal Mohammad Resident of Village-
Madarghat, Ward No.-11/20, P.S.- Kasba, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar
For the Opposite Party/s : Mr.Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Kasba P.S. Case No. 128 of 2025 registered for the offence
under Sections 126(2), 115(2), 118(1), 109, 3(5) of the BNS.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim.
4. The petitioners are in custody since 22.01.2026.
5. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
injury caused to the victim is simple in nature.
Patna High Court CR. MISC. No.20033 of 2026(2) dt.01-04-2026
2/2
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the concerned Court below in connection with Kasba P.S. Case
No. 128 of 2025.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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