Patna High Court
Chhathu Yadav @ Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied bail to the petitioner.
Summary
Chhathu Yadav petitioned for bail in a case (PS 420/2025) alleging assault with an iron rod, snatching of a gold chain and other offences under the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, arguing that the accusations were vague, that the FIR was filed three days after the incident without explanation, and that he had previously applied to the police but no case was registered. The State opposed bail, contending that specific allegations of assault and snatching were made against the petitioner. The court noted the seriousness of the charges, the lack of a clear overt act attributed to the petitioner, and the pending criminal case against him. Consequently, the court refused to grant bail, dismissing the petition.
Issues considered
- Whether bail should be granted to the petitioner in light of the alleged assault and snatching offences.
- Whether the allegations against the petitioner are sufficiently specific to warrant bail.
- Whether the delay in filing the FIR affects the bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 126(2), 303(2), 3(5), 351(2)
Subjects
- bail
- assault
- snatching
- FIR delay
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36379 of 2026
Arising Out of PS. Case No.-420 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Chhathu Yadav @ Arun Kumar Son of Devendra Prasad Resident of Village
-Dharay Chak Ps- Janipur, Sorampur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 03-06-2026 The Court proceeding is being conducted through
virtual mode.
2. It appears from the record that two learned
Advocates, namely Mr. Shailendra Kumar Singh and Mr.
Ravinesh Kumar Sinha, are on record for the petitioner.
However, despite repeated calls, none has appeared to press or
argue the matter on behalf of the petitioner. Learned APP for the
State is present.
3. The petitioner who apprehends arrest in connection
with Parsa Bazar P.S. Case No. 420 of 2025 lodged 08.10.2025,
for the offences punishable under sections 126(2), 117(2),
115(2), 303(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
4. Upon perusal of the record, it appears that the
Patna High Court CR. MISC. No.36379 of 2026(2) dt.03-06-2026
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prosecution has accuse three named accused persons, including
the present petitioner. The specific allegation against the
petitioner and the other accused persons is that they assaulted
the informant with an iron rod along with some unknown
persons and also snatched a gold chain. It is further alleged that
when the brother of the informant came to his rescue, he was
also assaulted by the accused persons.
5. It has been pleaded in the petition that the
petitioner is innocent and has committed no offence. It has
further been stated that the accusation against the petitioner is
omnibus and general in nature and no specific overt act has been
attributed to him. However, the antecedent of the petitioner is
not clean inasmuch as one other criminal case is stated to be
pending against him. It has also been pleaded that during a fair,
the informant, after consuming liquor, was indulging in
improper acts with female members, which was objected to by
the petitioner and others. Thereupon, the informant allegedly
called his associates, who assaulted the petitioner, snatched his
motorcycle and damaged the same. In this regard, the petitioner
is said to have submitted an application before Janipur Police
Station, but no case was registered. It has further been pleaded
that although the alleged occurrence took place on 02.10.2025,
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the FIR was instituted on 05.10.2025 after a delay of three days,
for which no satisfactory explanation has been furnished.
6. Learned APP for the State vehemently opposes the
prayer for bail and submits that it is a case involving assault and
snatching, and that specific allegations have been levelled
against the petitioner.
7. In this background, this Court is not inclined to
grant bail to the petitioner. Accordingly, the prayer for bail of
the petitioner in connection with Parsa Bazar P.S. Case No. 420
of 2025 , pending before the learned J.M. First Class, Patna, is
hereby rejected.
(Dr. Anshuman, J)
Ashwini/Manshi
U T
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