Patna High Court
Chhotu Muni @ Chhotu kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding insufficient specific evidence to justify continued detention.
Summary
The petitioner, Chhotu Muni, applied for bail in a case registered under Section 140(2) of the Bharatiya Nyaya Sanhita, 2023, alleging he was falsely implicated in a ransom‑demand offence. The prosecution alleged that a rickshaw driver was threatened and assaulted for ransom, and that a sum of Rs. 15,000 was transferred to a co‑accused’s account. The petitioner argued that his name does not appear in the FIR, no specific overt act is alleged against him, the victim’s statement under Section 183 does not mention him, and he has no prior criminal record. The State opposed bail. Considering the lack of direct evidence, the petitioner’s custody since 13‑08‑2025, and the bail already granted to a co‑accused, the court inclined to grant bail. The court ordered release on bail with a bond of Rs. 15,000 and two sureties of the same amount.
Issues considered
- What is the adequacy of evidence linking the petitioner to the offence under Section 140(2) of the BNSS?
- Whether the petitioner is entitled to bail given the nature of the alleged crime and his period of custody?
- Whether the victim’s statement under Section 183 BNSS sufficiently implicates the petitioner?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 140(2), 183
Subjects
- bail
- criminal procedure
- false implication
- Section 140(2) BNSS
- Section 183 BNSS
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6904 of 2026
Arising Out of PS. Case No.-95 Year-2025 Thana- FALKA District- Katihar
======================================================
Chhotu Muni @ Chhotu kumar S/o Khokha Muni R/o Village- Sohtha,
Thana- Falka, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard Mr. Ranjan Kumar Jha, learned counsel for the
petitioner and Mr. Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with Falka P.S.
Case No. 95 of 2025 instituted for the offences under Section
140(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 11.08.2025 at
night, the informant, a Toto (rickshaw) driver, was allegedly
hired by the accused persons and taken to a lonely place where
he was threatened with a country-made pistol, assaulted, and
demanded Rs. 1,00,000/- as ransom. Upon request, Rs. 15,000/-
was allegedly transferred by the informant’s family to a Pay
Phone number on the instruction of co-accused, after which the
informant was again assaulted and threatened.
Patna High Court CR. MISC. No.6904 of 2026(3) dt.24-02-2026
2/3
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case during investigation. Learned counsel
submits that Rs. 15,000/- was credited in the account of co-
accused, namely, Chhotu Kumar and he has been enlarged on
bail by this Court vide order dated 03.02.2026, passed in Cr.
Misc. No. 77131 of 2025. Learned counsel for the petitioner
submitted that general and omnibus allegation has been made
against the petitioner. No specific overt act is alleged against
the petitioner. Learned counsel further submitted that the victim
in his statement recorded under Section 183 of the BNSS has
not stated anything against the petitioner. It has been submitted
on behalf of the petitioner that the petitioner is in custody since
13.08.2025 and has no criminal antecedent. Other co-accused
has been granted bail by this Court vide order dated 03.02.2026,
passed in Cr. Misc. No. 77131 of 2025.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.6904 of 2026(3) dt.24-02-2026
3/3
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Falka P.S. Case No.
95 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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