Patna High Court

Chhotu @ Suman Kumar Yadav @ Suman YadavversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that bail may be granted under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, despite the serious nature of the charges, provided the petitioner surrenders within eight weeks and furnishes the prescribed bail bond and sureties.

Summary

The petitioner, Chhotu Kumar (also known as Suman Kumar Yadav), was arrested in connection with an FIR dated 28-11-2024 alleging that he and other accused, armed with weapons, assaulted the informant's son and attempted to kill him. The petitioner contended that the incident arose from a family property dispute and that the allegations were general and omnibus, asserting a clean antecedent. He sought bail, noting that co-accused had already been released on bail in a related case. The State opposed the bail petition, emphasizing the seriousness of the offences listed under the Bhartiya Nyaya Sanhita. The court, applying Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, allowed the bail petition on the condition that the petitioner surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties of equal amount.

Issues considered

Whether bail can be granted to the petitioner for offences under Sections 126(2), 115(2), 118(1), 303(2), 117(2) and 3(5) of the Bhartiya Nyaya Sanhita.
Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits enlargement of bail in the present circumstances.
Whether the petitioner’s antecedents, the nature of the alleged assault, and the bail status of co‑accused affect the grant of bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 115(2), 117(2), 118(1), 126(2), 303(2), 3(5)

Subjects

bail
criminal miscellaneous
assault
property dispute
Section 482
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita
surety
antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76576 of 2025
                      Arising Out of PS. Case No.-11 Year-2025 Thana- NARPATGANJ District- Araria
                 ======================================================
                 Chhotu @ Suman Kumar Yadav @ Suman Yadav S/O Ramdev Yadav R/O

                 Vill.- Ward no. 1, Tamganj, P.S.- Narpatganj, Dist.- Araria.



                                                                                   ... ... Petitioner/s

                                                       Versus

                 The State of Bihar Patna



                                                                             ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s       :     Mr. Ramesh Kumar Singh, Advocate

                 For the Opposite Party/s :       Mr. Nawal Kishore Prasad , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   05-02-2026                          Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. The petitioner apprehend their arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 118(1),

                   303(2), 117(2), 3(5) of the Bhartiya Nyaya Sanhita.

                                 3 . As per F.I.R., on 28.11.2024 at about 10 AM, all

                   the F.I.R. named accused persons including this petitioner,

                   armed with weapons, surrounded informant’s son namely

                   Subhash Yadav and thereafter, co-accused Ajay Kumar Yadav
Patna High Court CR. MISC. No.76576 of 2025(3) dt.05-02-2026
                                            2/3




          and this petitioner namely, Chhotu Kumar @ Suman Kumar,

          with intent to kill him, gave Farsa and Sword blow causing

          injury to him. It is further alleged that when informant and his

          younger son came to save Subhash Yadav (informant’s son),

          they were also assaulted by accused persons.

                       4. Learned counsel for the petitioner submits that both

          parties are agnates and due to dispute over share in ancestral

          property, Maarpit took place, in which, both sides inflicted

          injuries on each other. Case and counter case . Allegation of

          assault is general and omnibus. Petitioner claims clean

          antecedent. Similarly situated co-accused namely , Ajay Kumar

          Yadav and others have already been granted bail by this Hon’ble

          Court vide order dated 10.09.2025 in Cr. Misc. No. 62223 of

          2025 .

                       5. Learned A.P.P. for the State and learned counsel for

          the informant opposed the bail petition.

                       6. Considering the aforesaid facts and circumstances,

          let the above named petitioner, in the event of their

          arrest/surrender within a period of eight weeks from today, be

          enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Chief Judicial Magistrate , Araria in
            Patna High Court CR. MISC. No.76576 of 2025(3) dt.05-02-2026
                                                        3/3




                      connection with Narpatganj P.S. Case No. 11 of 2025 , subject

                      to condition as laid down under Section 482 of the Bhartiya

                      Nagrik Suraksha Sanhita, 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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