Patna High Court
Chotu Singh @ Chhotu Kumar @ Chhotu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioners, finding no prima facie intention to cause death and noting the minor nature of injuries.
Summary
The petitioners, accused of assault with a sword and lathi in a land‑dispute incident, were charged under multiple sections of the Bhartiya Nyay Sanhita, 2023, including offences relating to grievous hurt and attempt to cause death. They had been in custody since 12 August 2025 and sought bail, arguing that the injuries were simple, the incident was a "free fight," and they had clean antecedents. The State opposed bail, contending the seriousness of the offences and the alleged intent to kill. The Court examined the medical report, noting the injuries were minor and did not prima facie indicate an intention to cause death, and observed that the investigation was complete with a charge‑sheet filed. Accordingly, the Court ordered the release of the petitioners on bail of Rs.10,000 with two sureties, subject to conditions under Section 437(3) Cr.P.C and Sections 480(3) and 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the nature and seriousness of the offences warrant denial of bail
- Whether the medical evidence showing simple injuries negates a prima facie case of intent to cause death
- Whether the petitioners' clean antecedent and completion of investigation justify granting bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 480(3), 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(1), 118(2), 126(2), 3(5), 351(2), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- criminal law
- assault
- intention to kill
- land dispute
- simple injuries
- clean antecedent
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2271 of 2026
Arising Out of PS. Case No.-104 Year-2025 Thana- JALALPUR District- Saran
======================================================
Krishna Singh, S/O Ram Pravesh Singh, R/O Ghamariya, P.S- Russi, Distt.-
Saran, State- Bihar- 841205. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 5644 of 2026
Arising Out of PS. Case No.-104 Year-2025 Thana- JALALPUR District- Saran
======================================================
Chotu Singh @ Chhotu Kumar @ Chhotu Singh S/o Ram Pravesh Singh,
Resident of - Ghamariya, P.S - Russi, District - Saran, State-Bihar – 841205.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 6989 of 2026
Arising Out of PS. Case No.-104 Year-2025 Thana- JALALPUR District- Saran
======================================================
1. Sunil Kumar Singh @ Sunil Singh S/o Shri Bhagwan Singh @ Sree
Bhagwan R/o Village - Gamhariya, P.S - Jalalpur, District – Saran.
2. Pankaj Singh @ Pankaj Kumar Kuswaha S/o Shri Bhagwan Singh @ Sree
Bhagwan R/o Village - Gamhariya, P.S - Jalalpur, District – Saran.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 2271 of 2026)
For the Petitioner/s : Mr. Robin Kumar, Advocate
Mr. Priya Ranjan, Advocate
Mr. Mahesh Kumar, Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
(In CRIMINAL MISCELLANEOUS No. 5644 of 2026)
For the Petitioner/s : Mr. Robin Kumar, Advocate
Mr. Priya Ranjan, Advocate
Mr. Mahesh Kumar, Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
(In CRIMINAL MISCELLANEOUS No. 6989 of 2026)
For the Petitioner/s : Mr. Amarendar Kumar, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
Patna High Court CR. MISC. No.2271 of 2026(2) dt.09-02-2026
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2 09-02-2026 Cr. Misc. No. 2271 of 2026
Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. for the State.
2. Accused/petitioner seeks bail in connection with
Jalalpur P.S. Case No. 104 of 2025 registered for the
offences under Sections 126(2), 115(2), 118(1), 118(2),
109, 352, 351(2), 351(3) & 3(5) of the Bhartiya Nyay
Sanhita, 2023 (in short, the ‘B.N.S.’).
3. The accused/petitioner is named in the First
Information Report and is in custody since 12.08.2025.
4. Allegation against the petitioner is to assault the
informant and others by using sword and lathi etc. causing
head and bodily injuries, where assault was alleged to be
caused with intention to kill the informant, where occurrence
alleged to be arisen out of land dispute.
5. It is submitted by learned counsel appearing on
behalf of the petitioner that upon medical examination
injuries, as alleged to be inflicted by this petitioner, found
simple in nature negating prima facie with that same was
made intention to cause death.
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6. While concluding argument, it is submitted that
petitioner is a man of clean antecedent and, moreover,
investigation of this case is already concluded, for which
charge-sheet has been submitted and as such, there is no
chance of tampering with the evidence.
7. Learned A.P.P. for the State has opposed the
prayer for bail of the petitioner.
8. In view of aforesaid factual submission and by
taking note of the fact as nature of injury, upon medical
examination, found simple in nature prima facie negating the
intention to cause death, coupled with the fact that petitioner
remains in custody since 12.08.2025, where investigation of
this case is already completed, accordingly, petitioner above-
named is directed to be released on bail, furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand only) with two
sureties of the like amount each to the satisfaction of learned
District and Additional Sessions Judge-14th, Saran at
Chapra/concerned court, in connection with Jalalpur P.S. Case
No. 104 of 2025, subject to the condition as laid down under
Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya
Patna High Court CR. MISC. No.2271 of 2026(2) dt.09-02-2026
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Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
Cr. Misc. No. 5644 of 2026
Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioner apprehending his arrest
in connection with Jalalpur P.S. Case No. 104 of 2025
registered for the offences under Sections 126(2), 115(2),
118(1), 118(2), 109, 352, 351(2), 351(3) & 3(5) of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. The allegation against co-accused persons
including petitioner is to assault the informant by using sword
and lathi etc. causing head and bodily injuries, where assault
was alleged to be caused with intention to kill the informant
and others. Occurrence alleged to be arising out of land
dispute.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that upon medical examination,
injuries as alleged to be inflicted by this petitioner found
simple in nature, negating prima facie his intention to cause
Patna High Court CR. MISC. No.2271 of 2026(2) dt.09-02-2026
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death. It is further submitted that occurrence was free fight in
nature arsing out of land dispute, for which petitioner’s side
also lodged a case, which was registered as Jalalpur P.S. Case
No. 105 of 2025. It is pointed out that both parties received
injuries. While concluding argument, it is submitted that
taking note of totality of nature of accusation and also the
injuries, it can be safely said that petitioner was not under
intention to cause death of the informant and other injured
persons. Petitioner is a man of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as occurrence was free fight in nature,
coupled with the fact that nature of injuries as alleged to be
caused by this petitioner found simple in nature, accordingly,
above named petitioner, in the event of his arrest or
surrender before the learned trial Court, within a period of
four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District and Additional Sessions Judge-14th,
Patna High Court CR. MISC. No.2271 of 2026(2) dt.09-02-2026
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Saran at Chapra/concerned Court, where the case is pending
in connection with Jalalpur P.S. Case No. 104 of 2025 subject
to the conditions as laid down under Section 482(2) of the
BNSS.
Cr. Misc. No. 6989 of 2026
Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Jalalpur P.S. Case No. 104 of 2025
registered for the offences under Sections 126(2), 115(2),
118(1), 118(2), 109, 352, 351(2), 351(3) & 3(5) of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. The allegation against co-accused persons
including petitioners is to assault the informant by using
sword and lathi etc. causing head and bodily injuries, where
assault was alleged to be caused with intention to kill the
informant and others. Occurrence alleged to be arising out of
land dispute.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.2271 of 2026(2) dt.09-02-2026
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behalf of the petitioners that upon medical examination,
injuries as alleged to be inflicted by these petitioners found
simple in nature, negating prima facie their intention to cause
death. It is further submitted that occurrence was free fight in
nature arsing out of land dispute, for which petitioners’s side
also lodged a case, which was registered as Jalalpur P.S. Case
No. 105 of 2025. It is pointed out that both parties received
injuries. While concluding argument, it is submitted that
taking note of totality of nature of accusation and also the
injuries, it can be safely said that petitioners were not under
intention to cause death of the informant and other injured
persons. Petitioners are men of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as occurrence was free fight in nature,
coupled with the fact that nature of injuries as alleged to be
caused by these petitioners found simple in nature,
accordingly, both above named petitioners, in the event of
their arrest or surrender before the learned trial Court, within
a period of four weeks of the order, is directed to be released
Patna High Court CR. MISC. No.2271 of 2026(2) dt.09-02-2026
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on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to
the satisfaction of the learned District and Additional Sessions
Judge-14th, Saran at Chapra/concerned Court, where the
case is pending in connection with Jalalpur P.S. Case No. 104
of 2025 subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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