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Patna High Court

CHHOTELAL PRASAD @ NAGENDRA SINGHversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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