Patna High Court
Chhote Khan @ Chote KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Chhote Khan was arrested in March 2025 in connection with a case alleging that he and co‑accused assaulted Babu Raja with a knife, causing injuries that led to death, and stole a gold chain demanding a ransom. The petitioner claimed innocence, arguing that the FIR contains only vague, omnibus allegations and that the informant was not an eye‑witness. The prosecution opposed bail, highlighting four knife injuries suggesting multiple assailants and noting the petitioner’s prior criminal record. The court examined the lack of specific incriminating material against the petitioner and the principle of bail in serious offences. It ordered the release of the petitioner on bail of Rs. 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of his criminal antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under the Bharatiya Nyay Sanhita.
- Whether the FIR and charge sheet contain sufficient specific allegations against the petitioner to justify denial of bail.
- Whether the petitioner’s prior criminal antecedent warrants refusal of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 308(3), 3(5), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- homicide
- theft
- ransom
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81457 of 2025
Arising Out of PS. Case No.-134 Year-2025 Thana- BHAGWAN BAZAR District- Saran
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Chhote Khan @ Chote Khan Son of Alamgir Khan Resident of Village-
Barhampur, PS -Bhagwan Bazar, District -Saran Chhapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Soni Kumari, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 28-01-2026 Heard Ms. Soni Kumari, learned counsel for the
petitioner as well as Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.03.2025 in connection with Bhagwan Bazar P.S. Case No. 134
of 2025, F.I.R. dated 12.03.2025 for the offences punishable under
Sections 115(2), 126(2), 109, 118(1), 308(3), 303(2), 352, 351(2),
351(3), 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged
that when his relative Babu Raja was returning to his house after
performing Namaj then all the petitioner along with other co-
accused persons came and started beating him and assaulted him
by means of knife and due to which he got injured. It is further
alleged that the accused persons also snatched gold chain from the
said Babu Raja and demanded Rs.1 lakh as ransom.
Patna High Court CR. MISC. No.81457 of 2025(3) dt.28-01-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is false
and fabricated. It appears from the FIR that informant is not the
eye witness of the alleged occurrence and it also appears that there
is no specific allegation of assault or overt act against the
petitioner rather there is general and omnibus allegation against all
the accused persons including the petitioner that he assaulted the
victim by means of knife due to which the victim sustained injury
and later died. He further submits that the police after investigation
submitted the charge sheet and the petitioner is in custody since
10.03.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that it has come in the post-mortem report of the deceased
that four injuries were found in the body of the deceased which
suggest that altogether four persons assaulted the victim by means
of knife and apart from that the petitioner carries one criminal
antecedent other than the present one.
6. Considering the aforesaid facts and circumstances, let
the petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.81457 of 2025(3) dt.28-01-2026
3/3
amount each to the satisfaction of the learned ACJM-1st Saran,
Chapra in connection with Bhagwan Bazar P.S. Case No. 134 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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