Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Chhotu Kumar, applied for bail in a Sessions trial concerning the alleged assault and death of Subhash Kumar, charged under Sections 126(2), 352, 115(2), 109(1), 103 and 3(5) of the B.N.S., 2023. The prosecution alleged that the petitioner, along with ten others, attacked the victim with a sharp weapon, resulting in his death. The petitioner’s counsel argued that the FIR is vague, contains no specific allegation against him, and that he has no prior criminal record, having been in custody since 17‑08‑2025. The State opposed the bail, citing the seriousness of the offences. After hearing both sides, the Court found merit in the petitioner's arguments and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑VIII, Gaya.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged assault and homicide under the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 103, 109(1), 115(2), 126(2), 3(5), 352
Subjects
- bail
- criminal procedure
- assault
- homicide
- B.N.S. 2023
- Patna High Court
- Sessions trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4960 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Chhotu Kumar S/o Ram Baran Manjhi R/o Village - Puravi Matihani, P.S -
Magadh University, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dinesh Manjhi S/o Late Gopal Manjhi R/o Village - Puravi Matihani, P.S -
Magadh University, District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kishore Sinha, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Sessions Trial No. 1162 of 2025(S.J.) arising out of Magadh
University P.S. Case No. 85 of 2025 registered for the offence
punishable under Sections 126(2), 352, 115(2), 109(1), 103, 3(5)
of the B.N.S., 2023.
3. The case of the prosecution in short is that the
petitioner along with 10 other persons have assaulted the son of
the informant, namely, Subhash Kumar, with sharp cutting
weapon at his stomach, who died during the course of treatment.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.4960 of 2026(2) dt.04-02-2026
2/2
offence. He has been falsely implicated in this case. Learned
counsel for the petitioner submits that from perusal of the FIR, it
is clear that the nature of allegation is general and omnibus. There
is no specific allegation against this petitioner of assaulting
anybody. He further submits that a statement has been made in
para 3 of the petition that petitioner has no criminal antecedent
and he is languishing in judicial custody since 17.08.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-VIII, Gaya in connection with Sessions
Trial No. 1162/2025 (S.J.) arising out of Magadh University P.S.
Case No. 85 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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