Patna High Court
Aman Kumar @ Chunnu Kumar @ Aman Kumar ChunbaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court held that the petitioner is entitled to regular bail.
Summary
Aman Kumar was arrested in connection with a case registered on 10 July 2025 for offences under several sections of the B.N.S. He applied for regular bail, arguing that the FIR was lodged seven days after the incident without explanation, the dispute was essentially civil over a roof canopy, no incriminating material such as a broken CCTV camera was recovered, and the investigation had already been completed while he had been in custody since 2 September 2025. The State opposed bail, contending that the petitioner had allegedly demanded extortion from the informant and possessed three prior criminal convictions. The Court examined the delay in filing the FIR, the civil nature of the underlying land dispute, the absence of seized evidence, and the completion of investigation, and concluded that these factors outweighed the seriousness of the allegations. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs 20,000 with two sureties of equal amount. The bail order was pronounced by Justice Shailendra Singh.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious allegations of extortion and prior criminal antecedents
- Whether the seven‑day delay in lodging the FIR and the civil nature of the land dispute justify granting bail
- Whether the completion of investigation and lack of incriminating material warrant bail
Legislation cited
- B.N.S. — s. 308(5), 324(4), 329(4), 3(5), 351(2), 352, 61(2), 74
Subjects
- regular bail
- FIR delay
- civil land dispute
- extortion allegation
- criminal antecedents
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86146 of 2025
Arising Out of PS. Case No.-147 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Aman Kumar @ Chunnu Kumar @ Aman Kumar Chunba, S/o Chitranjan
Singh Resident of Village- Babhangama, P.S.- Naokothi, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Adv.
Mr. Arjun Prasad, Adv.
For the Opposite Party/s : Mr.Binod Kumar No.3, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 1. Heard Mr. Sanjay Kumar Singh, learned counsel for
the petitioner and Mr. Binod Kumar No.3, learned APP for the
State.
2. The petitioner seeks regular bail in connection with
Naokothi P. S. Case No. 147 of 2025, dated 10.07.2025 registered
for the offences punishable under Sections 329(4), 308(5), 324(4),
61(2),74, 351(2), 352 and 3(5) of the B.N.S.
3. The main submissions advanced by the petitioner's
counsel are that there is a delay of seven days in lodging the FIR
by the informant without any explanation, the FIR itself goes to
show that there was a dispute between the informant and co-
accused Umesh Sahani regarding the erection of roof canopy
(Chhaja) on the land in question, the informant and said co-
accused are neighbours in between them there is a land dispute. It
is further submitted that no incriminating article was recovered
Patna High Court CR. MISC. No.86146 of 2025(2) dt.09-01-2026
2/2
from the place of occurrence such as the alleged broken CCTV
Camera, which itself falsifies the allegations made in the FIR,
however the petitioner has suffered a lot, as he has been
languishing in jail since 02.09.2025 and against him the
investigation has been completed.
4. Learned APP appearing for the State has opposed the
bail prayer of the petitioner and submits that against the petitioner
there is serious allegation of making an extortion demand from the
informant during the course of the occurrence and he has three
criminal antecedents .
5. Heard both the sides and perused the relevant
materials. Considering the petitioner's custody period and the
completion of investigation against the petitioner mainly coupled
with the civil nature dispute running between the informant and
co-accused Umesh Sahni, this court is inclined to release the
petitioner on bail. Accordingly, let the petitioner named-above be
enlarged on bail in connection with Naokothi P.S. Case No. 147 of
2025 on furnishing bail bond of Rs. 20,000/- (Twenty Thousand)
with two sureties of the like amount each to the satisfaction of the
Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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