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Patna High Court

Chhote Lal SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that because the allegations against the petitioner were vague and the specific culpability rested on other co‑accused, the petitioner is entitled to bail under Section 480(3) of the B.N.S.S.

Summary

Chhote Lal Singh was arrested in connection with an assault that led to the death of an informant's mother and has been in custody since August 7, 2025. He sought bail, arguing that the fatal assault was committed by co‑accused Ravi Kumar and Jaiprakash Kumar, that similar co‑accused had already been granted bail, and that he has a clean antecedent and no risk of tampering with evidence. The State opposed, contending that the petitioner actively participated in the incident. The court observed that the FIR’s allegations against the petitioner were general and omnibus, while specific culpability was attached to the other accused, and noted the petitioner’s prolonged custody. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to the conditions of Section 480(3) of the Bharatiya Nyaya Sanhita.

Issues considered

  • Whether the petitioner is entitled to bail despite serious charges under the Bharatiya Nyaya Sanhita.
  • Whether the general nature of the allegations against the petitioner justifies denial of bail.
  • Whether parity with co‑accused who have been granted bail warrants granting bail to the petitioner.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • homicide
  • Bharatiya Nyaya Sanhita
  • Section 480(3)
  • co‑accused parity
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87649 of 2025
                     Arising Out of PS. Case No.-2 Year-2025 Thana- AKHODHIGOLA District- Rohtas
                 ======================================================
                 Chhote Lal Singh, S/o Late Shivjee Singh @ Late Shivkumar Singh, Resident
                 of Village-Jtan Bigha, Akorhi Gola, P.S.- Akorhi Gola, District- Rohtas at
                 Sasaram
                                                                              ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Swati Parmar, Advocate
                 For the Opposite Party/s :      Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner seeks bail in connection with

                   Akorhigola P.S. Case No. 02 of 2025 registered for the offences

                   under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2),

                   109 and 103 of the Bharatiya Nyaya Sanhita.

                                3. The petitioner is named in the F.I.R. and is in custody

                   since 07.08.2025.

                                 4. As per FIR, petitioner along with other co-accused

                   persons assaulted mother of informant by using lathi etc.,

                   subsequent to which the mother of informant died.

                                5. Learned counsel appearing on behalf of the petitioner

                   submitted that present occurrence took place due to dispute

                   arising out of drainage issues. It is pointed out that upon facial
Patna High Court CR. MISC. No.87649 of 2025(2) dt.06-02-2026
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          perusal of FIR, it appears that fatal assault was caused by Ravi

          Kumar and Jaiprakash Kumar, whereas allegation qua physical

          assault is appearing very much general and omnibus against this

          petitioner. It is pointed out that co-accused Bittu Kumar and

          Vikash Kumar were granted bail by different co-ordinate Benches

          of this Court through Cr. Misc. No. 27562 of 2025 dated

          02.09.2025 & Cr. Misc. No. 29898 of 2025 dated 20.08.2025,

          respectively. It is submitted that petitioner with similar allegation,

          as a matter of judicial parity, also deserves bail. While concluding

          the argument, it is submitted that petitioner is a man of clean

          antecedent and moreover, investigation of this case has already

          completed, and as such, there is no chance of tampering with the

          evidence.

                       6. Learned APP appearing on behalf of the State while

          opposing the prayer for bail submitted that petitioner actively

          participated during the occurrence.

                       7. In view of aforesaid factual submission and by taking

          note of fact as allegation qua physical assault is appearing very

          much general and omnibus against this petitioner, rather same is

          specific against Jaiprakash Kumar and Ravi Kumar, coupled with

          the fact as petitioner remains in custody since 07.08.2025,

          accordingly, above named petitioner is directed to be released on
           Patna High Court CR. MISC. No.87649 of 2025(2) dt.06-02-2026
                                                       3/3




                     bail in connection with Akorhigola P.S. Case No. 02 of 2025 on

                     furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                     two sureties of the like amount each to the satisfaction of learned

                     S.D.J.M. Dehri, Rohtas/concerned court, subject to the conditions

                     as mentioned under Section 480(3) of the B.N.S.S.


                                                  (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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