Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond and sureties under Section 438(2) Cr.P.C.
Summary
The petitioner, Chhotu Kumar, was implicated in a case alleging assault, outrage of modesty, robbery and other offences under various sections of the Bihar Negotiable Instruments Act. He claimed the allegations were false, arising from a property dispute with the informant, who is his sister-in-law. The prosecution admitted that the injuries were simple in nature. The petitioner sought anticipatory bail, arguing innocence and lack of serious injury. The State opposed bail but also acknowledged the injuries were simple. The court, after considering the facts, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. given the nature of the alleged offences and the simple injuries.
- Whether the allegations constitute false implication arising from a property dispute.
Legislation cited
- Bihar Negotiable Instruments Act — s. 115(2), 127(1), 303(2), 3/5, 351(3), 352, 76
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- false implication
- property dispute
- assault
- robbery
- Bihar Negotiable Instruments Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51204 of 2025
Arising Out of PS. Case No.-146 Year-2024 Thana- SANOKHAR District- Bhagalpur
======================================================
Chhotu Kumar S/O Arjun Sah Resident of Village-Badi Naki,P.S.-Sanokhar,
District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra
Mr.Dhananjay Kumar Gupta
Ms.Isha Mishra
For the State : Mr. J.N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner apprehends his arrest in connection with
Sanokhar P.S. Case No. 146 of 2024, registered for the offences
punishable under Sections 127(1), 115(2), 76, 303(2), 352, 351(3),
3/5 of BNS.
3. Prosecution case in short is that on 31.08.2024 at about
2:00 P.M., the petitioner and co-accused Arjun Sah came to the house
of the informant. Thereafter, the petitioner attempted to outrage her
modesty, assaulted her, snatched her silver necklace, and threatened
her. Thereafter, while the informant was going to the hospital with
her father, the accused persons including the petitioner intercepted
them and snatched Rs. 6,000/- at gunpoint, after assaulting her.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.51204 of 2025(4) dt.11-02-2026
2/2
that the petitioner is innocent and has falsely been implicated. The
petitioner and husband of the informant are own brothers. There is
property dispute between them and that is why the petitioner and his
family members have falsely been implicated. The informant has
implicated even her father-in-law in the present case as co-accused.
She was demanding her share in the property and the demand was
not acceptable to father-in-law. She has submitted further that the
injuries are simple in nature.
5. On the other hand, Mr. J.N. Thakur, the learned APP for
the State though opposed the prayer for bail but fairly admitted that
the injuries are simple in nature.
6. Considering the above-mentioned facts and
circumstances, let the petitioner, in the event of his arrest or
surrender within four weeks before the learned court below, be
released on anticipatory bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class, Bhagalpur in
connection with Sanokhar P.S. Case No. 146 of 2024, subject to the
conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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