Patna High Court
CHHOTELAL PRASAD @ NAGENDRA SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding the allegations vague and not warranting denial of bail.
Summary
The petitioner, Chhotelal Prasad, was named in an FIR for offences under Sections 302 and 34 of the Indian Penal Code, alleged to have assaulted an informant and his mother during a land dispute, resulting in the mother’s death. The petitioner contended that the allegations were general and that he was implicated due to a family feud, noting that a co‑accused had already been granted bail. The State opposed the bail application, emphasizing the seriousness of the charges. The court observed that the allegations of physical assault were vague and arose from a land dispute, and therefore found no compelling reason to deny bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Sections 302 and 34 IPC.
- Whether the allegations against the petitioner are sufficiently specific to justify denial of bail.
- Whether the land‑dispute background and general nature of the accusations affect the bail decision.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- IPC 302
- IPC 34
- Section 482
- land dispute
- criminal procedure
- general allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61474 of 2023
Arising Out of PS. Case No.-82 Year-2023 Thana- RAJEPUR District- East Champaran
======================================================
Chhotelal Prasad @ Nagendra Singh Son Of Late Chhathu Prasad Resident
Of Village Kalyanpur, P.S. - Rajepur, Distt - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
Mr. Hemant ray, Adv.
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 27-01-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Rajepur P.S.
Case No. 82 of 2023 registered for the offences
punishable under Sections 302, 34 of Indian Penal Code.
3. As per FIR, petitioner alongwith other co-
accused persons alleged to have assaulted the informant
with lathi, rod, etc. and when his mother came to rescue
them, she was also assaulted due to which she scummed
to the injuries during the course of treatment.
4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.61474 of 2023(3) dt.27-01-2026
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on behalf of the petitioner that informant and this
petitioner are full brothers and due to land dispute as an
after thought the petitioner was implicated with family
members as during normal scuffling and hot exchange the
mother of informant who was a old age lady slipped from
the stairs and sustained injuries which was the cause of
her death. It is pointed out that allegation qua physical
assault also appears raised in very much general and
omnibus manner against petitioner and considering all
such aspect co-accused namely, Anita Devi has already
granted bail by learned co-ordinate Bench of this Court
through Cr. Misc. No. 59486 of 2023 vide order dated
14.12.2023.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as allegation qua physical assault
appears very much general and omnibus in nature where
occurrence alleged prima-facie took place in the
background of land dispute, accordingly petitioner above-
Patna High Court CR. MISC. No.61474 of 2023(3) dt.27-01-2026
3/3
named, in the event of his arrest or surrender before the
court below within a period of four weeks, 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 SDJM,
Sadar, East Champaran at Motihari /concerned Court,
where the case is pending in connection with Rajepur P.S.
Case No. 82 of 2023, subject to the conditions as laid
down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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