Patna High Court
Chhotu kumar @ Chhota KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner subject to surrender within eight weeks and a bail bond of Rs.10,000 with two sureties, under Section 482 of the Bhartiya Nyaya Sanhita.
Summary
Chhotu Kumar was arrested in connection with an assault on an informant using a knife and iron rod, resulting in simple injuries. He sought anticipatory bail, claiming a clean antecedent. The State opposed the bail. The court considered the nature of the injuries, the petitioner’s clean record, and the provisions of Section 482 of the Bhartiya Nyaya Sanhita. It ordered that the petitioner be released on bail if he surrenders within eight weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the conditions of Section 482. The bail was granted with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted under Section 482 of the Bhartiya Nyaya Sanhita for the offences alleged.
- Whether the nature of the injuries and the petitioner’s clean antecedent justify the grant of bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 482
Subjects
- anticipatory bail
- assault
- Bhartiya Nyaya Sanhita
- clean antecedent
- bail bond
- sureties
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71342 of 2025
Arising Out of PS. Case No.-221 Year-2025 Thana- BAIRIYA District- West Champaran
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Chhotu kumar @ Chhota Kumar S/o Indrajeet Hajra R/o vill - Birti tola, ward
no 9, Laukariya, P.S.- Bairiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 19-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 118(1),
109, 303(2) & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., this petitioner along with other co-
accused person assaulted informant with knife and iron rod. As
per injury report, doctor has found all the three injuries simple
in nature. Petitioner claims clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
5. Considering the nature of injury and clean
antecedent, in the event of arrest/surrender within a period of
eight weeks from today, let the above named petitioner be
Patna High Court CR. MISC. No.71342 of 2025(4) dt.19-01-2026
2/2
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Bettiah,
West Champaran in connection with Bairiya P.S. Case No. 221
of 2025, subject to condition as laid down under Section 482 of
the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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