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Patna High Court

Chotan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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