Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioners are entitled to bail, subject to strict conditions, as there is no evidence of intent to kill and the FIR delay does not preclude bail.
Summary
Petitioners Chhotu Kumar and Kishan Kumar were arrested in connection with an assault case (Garhara P.S. Case No. 74 of 2025) involving alleged attacks on an informant and her husband. They sought bail, claiming innocence, lack of intent to kill, and that the FIR was lodged two days after the incident without justification. The prosecution opposed bail, highlighting a prior criminal antecedent for one petitioner. The court considered the nature of the offences, the delay in FIR filing, and the petitioners' criminal records, and concluded that bail could be granted. Accordingly, the court ordered their release on bail of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyay Sanhita.
- Whether the two‑day delay in filing the FIR is a ground to deny bail.
- Whether the prior criminal antecedent of petitioner No.1 affects the grant of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 189(4), 190, 303(2), 333, 351(2)(3), 352
Subjects
- bail
- criminal procedure
- assault
- delay in FIR
- criminal antecedent
- Bharatiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22642 of 2026
Arising Out of PS. Case No.-74 Year-2025 Thana- Garahara District- Begusarai
======================================================
1. Chhotu Kumar S/o- Ganesh Shah Resident of village- Rajwara Bhiltta
Durgasthan PS- Garhara Distt-Begusarai
2. Kishan Kumar S/o- Yogi Singh R/v- Dhamara Ps- mansi Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Madhav Kumar, learned counsel for the
petitioners as well as Mr. Akshay Lal Pandit, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who is in custody since
20.12.2025 in connection with Garhara P.S. Case No. 74 of
2025, F.I.R. dated 05.10.2025 for the offences punishable under
Sections 190, 189(4), 333, 115(2), 117(2), 118(1), 109(1),
303(2), 351(2)(3), 352 of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, on 03.10.2025 at
about 12:30 P.M, when informant and her husband was at her
house, all of a sudden, the petitioners along with other co-
accused persons entered the informant’s house and assaulted her
husband by means of iron rod, lathi etc. It is further alleged that
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one of the accused persons assaulted the informant and snatched
Mangalsutra from her neck and pulled her saree.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they falsely been implicated in the
present case. Although there is specific allegation against the
petitioners that they assaulted the informant and her husband but
there was no intention to kill anyone and the alleged incident
happened due to spur of moment. It appears from the FIR that
date of the occurrence was on 03.10.2025 but the FIR was lodge
on 05.10.2025 i.e. after delay of two days without giving any
reason of delay and the petitioners are in custody since
20.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner no.1 has got one criminal antecedent in
which he is on bail and petitioner no.2 has clean antecedent.
6. Considering the aforesaid facts and circumstances,
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 learned
Judicial Magistrate, First Class, Begusarai in connection with
Garhara P.S. Case No. 74 of 2025, subject to the following
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conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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