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Patna High Court

Chhotu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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