Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Chhotu Kumar was arrested on 6 July 2025 in connection with a case alleging that, on his mother's instruction, he cut the neck of an informant's father and assaulted the informant's mother, allegedly arising from a monetary dispute. The petitioner sought bail, claiming a clean antecedent, that the FIR was fabricated, and that there was no intention to kill. The prosecution opposed bail, emphasizing the specific allegations in the FIR. The court noted the petitioner’s clean record, the length of his pre‑trial custody, and the absence of a clear motive to kill, and therefore granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent but prohibited delay in accepting the bail bond.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bihar Narcotic Substances Act, 2023.
- Whether the petitioner’s clean antecedent and period of custody justify bail.
- Whether there is a risk of the petitioner tampering with evidence or witnesses if released on bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(B)
Subjects
- bail
- criminal procedure
- Bihar Narcotic Substances Act
- clean antecedent
- pre‑trial detention
- evidence tampering
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85174 of 2025
Arising Out of PS. Case No.-70 Year-2025 Thana- Raghuvanshnagar District- Purnia
======================================================
Chhotu Kumar S/O Tiltil Yadav R/O Residentof Village - Bathnaha, Bela
Paemu, Ward No.- 01, (Mauzampatti), P.S.- Raghubansh Nagar, District -
Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnish Kumar Singh, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 20-01-2026 Heard Mr. Rajnish Kumar Singh, learned counsel for
the petitioner and Mr. Brajendra Nath Pandey, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.07.2025 in connection with Raghubansh Nagar P.S. Case No.
70 of 2025, F.I.R. dated 05.07.2025 for the offences punishable
under Sections 126(2), 115(2), 118(1), 109, 351(B) and 3(5) of
the BNS, 2023
3. According to prosecution case, this petitioner on
instruction of his mother, cut the neck of the informant's father
and also assaulted informant's mother.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.85174 of 2025(3) dt.20-01-2026
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implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. It appears from the F.I.R that
the petitioner on instruction of his mother, cut the neck of the
informant's father due to which he received injury. He further
submits that it also appears from the F.I.R that due to some
monetary dispute the present occurrence took place and there is
no intention to kill anyone. The present occurrence took place
on the spur of moment. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 06.07.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that it appears from the F.I.R that there is direct and
specific allegation against the petitioner in the F.I.R.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent as well as period of
custody, 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 amount each to the satisfaction of the learned
ACJM-I, Purnea in connection with Raghubansh Nagar P.S.
Case No. 70 of 2025, subject to the following conditions:-
Patna High Court CR. MISC. No.85174 of 2025(3) dt.20-01-2026
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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)
Vanisha/-
U T
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