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Patna High Court

Chhotu Kumar @ Paras Kumar @ Paras Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Chhotu Kumar was arrested on 19 January 2026 in connection with a FIR alleging his participation in an armed attack on an informant, invoking sections of the Bharatiya Nyay Sanhita, 2023 and the Arms Act. The prosecution contended that the accused, armed with country-made pistols, opened fire, causing injury. The petitioner argued that the FIR contains no specific allegation of assault against him, asserting that he was falsely implicated and that he is already on bail for twelve other cases. Despite the seriousness of the charges and his prior criminal antecedents, the court considered the bail application and the lack of a direct overt act attributed to him. The High Court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite the grave nature of the offences under the Bharatiya Nyay Sanhita and the Arms Act.
  • Whether the FIR sufficiently implicates the petitioner to deny bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • Arms Act
  • serious offences
  • prior criminal antecedents
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38139 of 2026
                     Arising Out of PS. Case No.-28 Year-2026 Thana- KASIMBAZAR District- Munger
                 ======================================================
                 Chhotu Kumar @ Paras Kumar @ Paras Kumar Yadav son of Late Shivan
                 Yadav Resident of village-Chhoti Mirzapur, P.S- Kasim Bazar, Distt-Munger

                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jyoti Ranjan Jha, Advocate
                 For the Opposite Party/s :      Ms. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                      Heard Mr. Jyoti Ranjan Jha, learned counsel for the

                   petitioner as well as Ms. Gulnar Begum, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   19.01.2026 in connection with Kasim Bazar P.S. Case No. 28 of

                   2026, F.I.R. dated 19.01.2026 for the offences punishable under

                   Sections 115(2), 126(2), 303(2), 109, 308(3), 3(5) of the

                   Bharatiya Nyay Sanhita, 2023 and 27 of the Arms Act.

                               3.     According to prosecution case, the informant

                   alleged that on 18.01.2026 at 10.00 PM, while he was present at

                   his cattle shed along with his son and wife, all the accused

                   persons including the petitioner came, armed with country-made

                   pistols and, with an intention to kill, opened fire upon him,

                   causing gunshot injury on his right hand.
Patna High Court CR. MISC. No.38139 of 2026(2) dt.22-06-2026
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                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. The allegation levelled against the petitioner is

          false and fabricated. Although the petitioner is named in the FIR

          but from bare perusal of the FIR it appears that there is no

          specific allegation of assault or overt act attributed against the

          petitioner and only allegation against the petitioner is that he

          threatened the informant of dire consequences before the alleged

          incident. He further submits that the police after investigation

          submitted the charge sheet against the petitioner           and the

          petitioner is in custody since 19.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          petitioner carries twelve criminal antecedents other than the

          present one but fairly submits on the basis of paragraph-3 of the

          bail application that the petitioner is on bail in the said matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, 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 C.J.M.,

          Munger in connection with Kasim Bazar P.S. Case No. 28 of

          2026, subject to the following conditions:-
            Patna High Court CR. MISC. No.38139 of 2026(2) dt.22-06-2026
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                                   i. Petitioner 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 his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers 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 petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. 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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