Patna High Court
Chhotu PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied as the court was not inclined to grant it in the present circumstances.
Summary
The petitioner, Chhotu Prasad, was named in an FIR for assaulting an informant's son with an iron rod and threatening the family, under several sections of the B.N.S., 2023. He applied for anticipatory bail, claiming innocence and a clean criminal record, and alleging false implication. The State opposed the bail, emphasizing the specific allegations against him. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, finding the circumstances insufficient for such relief. However, the court directed the trial court to consider a regular bail application if the petitioner surrenders within six weeks, allowing a merit-based decision then.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the facts and allegations in the FIR?
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- criminal procedure
- assault
- threat
- B.N.S. 2023
- FIR
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21847 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- CHERKI District- Gaya
======================================================
Chhotu Prasad Son of Late Ram Chandra Prasad @ Late Ram Chandra Yadav
R/o Village - Dirama Tola, Chamari Bigha, P.S. - Cheeki, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Ranjan Kumar, Adv.
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Cherki P.S. Case No.140 of 2025 lodged on 01.10.2025, for
the offences punishable under Sections 126(2), 115(2), 109(1),
303(2), 74, 351(2), 352 and 3(5) of the B.N.S., 2023 pending
before the Court of A.C.J.M-V, Gayaji.
3. As per the prosecution, FIR has been lodged against
the seven named accused persons including the petitioner with
allegation that they have assaulted the informant’s son with iron
rod due to which he sustained injury and also threaten to kill all
the family members.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He
Patna High Court CR. MISC. No.21847 of 2026(2) dt.08-04-2026
2/2
submits that the petitioner has been falsely implicated in the
present case. He further submits that there is general and
omnibus allegation against the petitioner. He further submits
that informant and petitioner are co-villager and next door
neighbour.
5. Counsel submits that the criminal antecedent of the
petitioner is clean.
6. Learned APP for the State opposes the prayer for
bail and submits that the petitioner is named in the F.I.R. and
specific allegation of assault is against him.
7. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner, therefore
the bail application of the petitioner is hereby rejected.
8. However, trial court is directed to consider the
regular bail application of the petitioner, if he surrenders within
six weeks from today and prays for regular bail, then trial court
shall pass order on merit without being prejudice of the present
order preferably on the same day.
(Dr. Anshuman, J)
Prakashmani/-
U T
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