Patna High Court
Chhatu Kumar @ Babu Kumar @ Chhotu Kumar @ ChhatuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner upon furnishing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Chhatu Kumar, a contractual driver at a police station, was arrested in connection with a violent incident alleged to have occurred on 13‑04‑2025, involving multiple assaults, stabbings, and robbery, and charged under several sections of the Bharatiya Nyaya Sanhita. He sought regular bail, contending that he has a clean antecedent, was falsely implicated by the informant, and that the injury to the victim was minor. The State opposed the bail on the ground of the seriousness of the offences. The court examined the petitioner's claims, the nature of the alleged injuries, and the risk of absconding, and found no sufficient reason to deny bail. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court where the case is pending.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with multiple serious offences under the Bharatiya Nyaya Sanhita.
- Whether the petitioner poses a risk of absconding or tampering with evidence.
- Whether the alleged injuries and the nature of the allegations justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 118(1), 126(2), 303(2), 324(3), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- false implication
- assault
- robbery
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8035 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- PANCHRUKHI District- Siwan
======================================================
Chhatu Kumar @ Babu Kumar @ Chhotu Kumar @ Chhatu S/o Rajeshwar
Sah @ Bhanaur @ Gaya Sah R/o Village - Chanp Tole Teghara, P.S - Sahayak
Sarai, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Ankita Singh
For the Opposite Party/s : Mr.Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 126(2), 115(2), 118(1), 109,
324(3), 303(2), 74, 352, 351(2) and 3(5) of the Bharatiya
Nyaya Sanhita and later on Section 103(1) of BNS was added.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and in in custody
since 29-10-2025 and the informant alleges that on 13-4-2025 at
3:30 pm, the accused persons including the petitioner came and
started abusing, on objection, Vicky stabbed Buchun Sah twice
on head causing injury and Deepu assaulted informant by tangi
causing injury on head, further Vicky and Deepu acted
Patna High Court CR. MISC. No.8035 of 2026(2) dt.23-04-2026
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inappropriately with his daughter, thereafter Deepu assaulted
Suganti by knife causing injury on head and face, while
petitioner, a driver in the police station, assaulted Ramesh by
rod causing injury on head and Ashok assaulted Manish by rod
causing injury on head, further Rajesh brought gun and gadasa
and gave to Abhishek and both entered the house and assaulted,
further Rupesh also assaulted Ramesh, while Ompraksah along
with Amar took ornaments and cash.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant, being a contractual driver with the Police Station. It
is next submitted that no doubt it is alleged that petitioner
assaulted Ramesh by rod causing injury on head, but then from
perusal of the allegation as alleged in the FIR, it would also
manifest that even Rupesh is alleged to have assaulted Ramesh.
It is further submitted that even presuming what has been
alleged is true without admitting then the injury suffered by
Ramesh has been opined to be simple in nature, as would
manifest from injury report of Ramesh annexed as Annexure-
P/3. It is also submitted that if privilege of regular bail is
granted to the petitioner, the petitioner will not abscond rather
will co-operate in the trial to prove his innocence.
Patna High Court CR. MISC. No.8035 of 2026(2) dt.23-04-2026
3/3
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner above named be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Panchrukhi (Sarai)
P.S. Case No. 172 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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