Patna High Court
Chotu Rai @ Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
Chotu Rai, accused under multiple sections of the B.N.S., 2023 for assault with a farsa that allegedly caused the death of an informant, applied for bail. The prosecution contended that the petitioner assaulted the deceased, resulting in fatal head injuries. The defence argued that the post‑mortem report showed a blunt‑force injury inconsistent with a sharp weapon, highlighted the lack of a criminal record, and noted the petitioner’s prolonged pre‑trial detention since September 2025. The court examined these inconsistencies and the petitioner’s circumstances, and decided to grant bail. Bail was ordered on the condition of a Rs.10,000 bond with two sureties, pending further trial.
Issues considered
- Whether the petitioner is entitled to bail despite the serious offences alleged under the B.N.S., 2023
- Whether the discrepancy between the FIR description of the weapon and the post‑mortem findings justifies bail
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- homicide
- post‑mortem report
- injury inconsistency
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7072 of 2026
Arising Out of PS. Case No.-222 Year-2025 Thana- ISHAKCHAK District- Bhagalpur
======================================================
Chotu Rai @ Ravi Kumar S/o Subodh Rai R/o Village - Bhikhanpur Barhi
Tola, Near - Kali Aasthan, P.S - Ishakchak, District - Bhagalpur
... ... 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. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-02-2026 Heard Mr. Ranjan Kumar Jha, learned counsel for
the petitioner and Mr. Md. Matloob Rab, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Ishakchak P.S. Case No. 222 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 118(1),
303(2), 352, 351(2), 3(5), 109 of the B.N.S., 2023.
3. The case of the prosecution in short is that one
Subodh and petitioner has assaulted with farsa on the head of
the informant, due to which he received head injuries. Later on,
he died.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.7072 of 2026(2) dt.11-02-2026
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case. He submits that there is also a counter version of this case.
He also submits that Annexure-P/2 is the postmortem report of
the deceased, and from perusal of which, it is clear that the
deceased has received one lacerated wound measuring 2”x.5”x
scalp deep. He further submits that according to the doctor
conducting the autopsy, the injury was caused by a hard and
blunt object. According to the FIR, there are two assailants and
the deceased has received only one injury. He further submits
that the weapon of assault is farsa which is sharp cutting
weapon, whereas the postmortem shows that the injury was
caused by hard and blunt object. Moreover, a statement has been
made in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
09.09.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.7072 of 2026(2) dt.11-02-2026
3/3
A.C.J.M., Bhagalpur in connection with Ishakchak P.S. Case
No. 222 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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