Patna High Court
Chotan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the prolonged custody and absence of specific allegations, regular bail should be granted subject to prescribed conditions.
Summary
Chotan Kumar was arrested in connection with Piro Police Station Case No. 420 of 2024 for alleged assault offences under Sections 126(2), 115(2), 109, 281, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He has been in custody since 12 September 2025 and claims innocence, asserting that the case involves a counter‑case and no specific allegation is directed at him. The State opposed his regular bail application. The court, after considering the length of custody and the lack of clear, specific charges against the petitioner, allowed the bail application subject to a cash bond and conditions of regular police station attendance and cooperation in trial. The order expressly states that the observations are prima facie and do not prejudice the merits of the trial.
Issues considered
- Whether regular bail can be granted to an accused of offences under Sections 126(2), 115(2), 109, 281, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the conditions imposed (monthly police station attendance and trial cooperation) are appropriate for the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 281, 3(5), 351(2)
Subjects
- regular bail
- bail conditions
- Bharatiya Nyaya Sanhita
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3825 of 2026
Arising Out of PS. Case No.-420 Year-2024 Thana- PIRO District- Bhojpur
======================================================
Chotan Kumar S/O Rampati Singh R/O Village- Basayan, P.S.- Agiaon Bazar,
District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bhawana Jha
For the Opposite Party/s : Mr. Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Piro P.S. Case No. 420 of 2024 registered for the offence under
Section(s) 126(2), 115(2), 109, 281, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner, along
with others, is accused of assaulting the victims causing injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 12.09.2025. It is further submitted
that there is case and counter case between the parties and no
specific allegation has been levelled against the petitioner.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.3825 of 2026(3) dt.23-06-2026
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opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Piro P.S. Case No.
420 of 2024 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Agiaon Bazar Police
Station on every Sunday of each month. Any
default in appearance at the Police Station
would result in cancellation of bail bond of
the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.3825 of 2026(3) dt.23-06-2026
3/3
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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