Patna High Court
Chotu kumar @ Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Chotu Kumar, sought anticipatory bail fearing arrest in a 2018 case (Barachatti PS No. 173) involving alleged offences under Sections 341, 323, 307, 354, 504, 506 and 34 of the Indian Penal Code. The prosecution alleged that the petitioner assaulted the victim, while the petitioner maintained his innocence and claimed the victim suffered only simple injuries. The State opposed the bail application. After considering the facts and submissions, the Patna High Court allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order permits release if the petitioner is arrested or surrenders within four weeks, pending further proceedings in the lower court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the IPC
- Whether the nature of the alleged offences justifies denial of bail
- Application of Section 482(2) of the BNSS in granting anticipatory bail
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 354, 504, 506
Subjects
- anticipatory bail
- assault
- Indian Penal Code
- Section 482
- Bihar High Court
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47063 of 2025
Arising Out of PS. Case No.-173 Year-2018 Thana- BARACHATTI District- Gaya
======================================================
Chotu kumar @ Sanjeev Kumar S/o Satendra Yadav @ Satyendra Yadav @
Satyendra Kumar R/o Village- Bara Delha Bigha, P.S.- Mohanpur, District-
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kant, Advocate
Mr. Rajat Kumar, Advocate
Mrs. Deepika Sharan, Advocate
Ms. Rabia Gulnaz
For the Opposite Party/s : Mr. Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 10-03-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Barachatti P.S. Case No. 173 of 2018 registered for offences
under Sections 341, 323, 307, 354, 504, 506 and 34 of the
Indian Penal Code.
3. As per the prosecution case, the petitioner is said to
have assaulted the victim.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
He further submits that the victim has sustained simple injuries.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.47063 of 2025(2) dt.10-03-2026
2/2
the prayer for bail.
6. Considering the facts and circumstances of the case
and the submissions of the parties, this application for
anticipatory bail is allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Barachatti P.S. Case No. 173 of 2018 subject to the conditions
as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…