Patna High Court
Chhote Sarkar @ Chhotu @ Ashik Kumar @ Ashik @ ChhoteversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with a bond and attendance conditions.
Summary
The petitioner, Chhote Sarkar, was arrested in connection with a case registered under sections 126(2), 115(2), 329(4), 308(4), 109, 351(2), 3(5) of the B.N.S. Act and section 27 of the Arms Act, alleging assault, extortion (rangdari) and firing. The prosecution alleged that masked assailants entered an informant's shop, a boy in a black shirt slapped the informant and the petitioner was identified as one of the perpetrators who demanded Rs.1000 daily. The petitioner contended that the FIR contains only a generic allegation against the boy who slapped and no specific charge against him, that no firearm injury occurred, and that he has been in judicial custody since 16‑06‑2025. The State opposed bail, highlighting the petitioner’s antecedent of seven criminal cases. After hearing both sides, the court found the allegations against the petitioner to be insufficiently specific and, despite his prior record, ordered his release on regular bail subject to a bond of Rs.10,000 with two sureties and conditions of attendance in court and at the Agam Kuan police station.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the charges and his prior criminal antecedents
- Whether the FIR contains specific allegations sufficient to justify continued detention
- Whether the period of pre‑trial custody warrants bail
Legislation cited
Subjects
- regular bail
- criminal antecedent
- extortion
- assault
- Arms Act
- B.N.S. Act
- pre‑trial detention
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5098 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Chhote Sarkar @ Chhotu @ Ashik Kumar @ Ashik @ Chhote S/O Ram
Kishun Mahto @ Nanhki Mahto @ Ramkrishna Mahto R/O Vill.- Jaipur
Dhanuki @ Dhanki, P.S.- Agamkuan, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajanan Mishra, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, 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 regular bail in a case
registered for the offence punishable under sections 126(2),
115(2), 329(4), 308(4), 109, 351(2) and 3(5) of B.N.S. and
Section 27 of the Arms Act.
3. The case of the prosecution is that two persons who
have masked their face arrived at the shop of the informant. A
boy wearing black shirt slapped him twice. He could not
identify that boy whereas he could identify another boy as
Chhote Sarkar the petitioner. It is further alleged that the
petitioner and others have threatened him and have demanded
Rs. 1000/- daily as rangdari. It is further alleged that they also
Patna High Court CR. MISC. No.5098 of 2026(2) dt.04-02-2026
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made firing.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that only allegation against the boy who was
wearing black shirt of slapping. As far as this petitioner is
concerned, there is no specific allegation against him. No
rangdari was handed over. The nature of allegation is general
and omnibus. Nobody has received any firearm injuries.
Moreover, the petitioner is languishing in judicial custody since
16.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and submitted
that petitioner is having criminal antecedent of seven cases.
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 released on bail in connection with
Ram Krishna Nagar P.S. Case No. 184 of 2025 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned J.M. 1 st Class,
Patna with following conditions:-
Patna High Court CR. MISC. No.5098 of 2026(2) dt.04-02-2026
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(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every
fixed date.
(ii) As most of the cases of the petitioner are from
Agam Kuan Police Station, so, he is also directed to mark
weekly attendance at Agam Kuan P.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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