Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Chhotu Kumar was arrested in connection with a case involving alleged threats, attempted arson, extortion and theft, charged under Sections 341, 323, 379, 385, 386 and 34 of the Indian Penal Code. The prosecution alleged that he, along with several miscreants, threatened an informant, tried to set fire to a Pocklane machine, demanded a Rs.5 crore ransom and seized Rs.1.5 lakh in cash. The petitioner claimed innocence, argued that the FIR contained only a generic allegation against him, and pointed to the fact that a co‑accused had previously been granted bail. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court considered the lack of specific evidence, the petitioner’s prolonged pre‑trial detention since September 2025, and the precedent of bail to a co‑accused, and ordered that bail be granted on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the IPC.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the general nature of the FIR allegations is sufficient to justify continued detention.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 379, 385, 386
Subjects
- bail
- Indian Penal Code
- extortion
- theft
- common intention
- criminal antecedent
- presumption of innocence
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20603 of 2026
Arising Out of PS. Case No.-135 Year-2024 Thana- ATRI District- Gaya
======================================================
Chhotu Kumar Son of Late Sharwan Singh Resident of Village - Panday
Bigha P.S.- Atri, District- 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. Rana Randhir Singh, 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 bail in connection
with Atri P.S. Case No. 135 of 2024 registered for the offence
punishable under Sections 341, 323, 379, 385, 386 and 34 of the
Indian Penal Code.
3. The case of the prosecution, in brief, is that seven
named and 10 unknown miscreants, including the petitioner
assembled and threatened to kill the informant. It is further
alleged that they tried to set fire to the Pocklane machine and
demanded a ransom of Rs. 5 crores, threatening dire
consequences in case of non-fulfillment. It is further alleged that
they took Rs. 1,50,000/-in cash from the shop.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.20603 of 2026(2) dt.10-04-2026
2/2
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that on
perusal of the FIR, it is clear that there is general and omnibus
allegation against petitioner. He further submits that the
similarly situated co-accused namely, Shashi Bhushan Singh has
been granted bail by this court vide Cr. Misc. No. 61861 of
2025. Moreover, the petitioner is languishing in judicial custody
since 04.09.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Gaya in connection with Atri P.S. Case No.
135 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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