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Patna High Court

Chotu Rai @ Ravi KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
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                     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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