Patna High Court
Chhotu Kumar Yadav @ Chhotu Kumar @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted regular bail to the petitioner, holding that the lack of repeated blows and the compromise between parties justified release on bail.
Summary
The petitioner, Chhotu Kumar Yadav, was charged under Sections 341, 342, 323, 307, 379, 504 and 506/34 of the Indian Penal Code for allegedly assaulting an informant and his family with a lathi and iron rod, causing grievous injury. After his anticipatory bail was denied, he surrendered and sought regular bail, contending that the FIR was generic, the assault involved only a single blow, and the parties had settled their dispute through a compromise petition. The State opposed bail, relying on the allegations in the FIR. The Court examined the nature of the injury, the absence of repeated blows, and the existence of a compromise, and concluded that these factors mitigated the risk of the petitioner fleeing or tampering with evidence. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- What is the appropriate bail disposition when the alleged assault involved a single blow and the parties have reached a compromise?
- Does the presence of multiple IPC offences, including attempted murder (Sec. 307), preclude the grant of regular bail?
- Whether the denial of anticipatory bail necessitates the denial of regular bail in the same case.
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 342, 379, 504, 506
Subjects
- bail
- anticipatory bail
- regular bail
- Indian Penal Code
- assault
- compromise petition
- Section 307 IPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6241 of 2026
Arising Out of PS. Case No.-102 Year-2023 Thana- BELHAR District- Banka
======================================================
Chhotu Kumar Yadav @ Chhotu Kumar @ Dharmendra Kumar Son of
Madan Yadav Resident of Village - Dolbandhu, P.S. - Belhar, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 341, 342, 323, 307, 379,
504 and 506/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner along
with others is said to have assaulted the informant and his
family members by means of lathi, iron rod etc..
4. Learned counsel for the petitioner submits that
once the prayer for anticipatory bail of the petitioner was
rejected by this Court, the petitioner immediately surrendered
seeking regular bail. The allegations in the F.I.R. are general
and omnibus against all the accused persons of having
assaulted the informant by means of lathi, iron rod etc. on
account of which grievous injury was caused to the informant.
It is further submitted that the incident seems to have happened
Patna High Court CR. MISC. No.6241 of 2026(3) dt.26-02-2026
2/2
on some dispute between the parties and the offence under
Section 307 of the I.P.C. would not get attracted in the facts of
the case as the injury report indicated only one injury, as such,
there was no repetition of blow. Further, the parties have also
resolved their differences by filing a compromise petition,
which is Annexure-P/3. The petitioner is in custody since
27.11.2025 and charge-sheet has been submitted.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that there is no
repetition of blow, coupled with the fact that the matter has also
been compromised between the parties, let the above named
petitioner, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Banka/concerned Court below in connection with
Belhar P.S. Case No. 102 of 2023.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…