Patna High Court
Chhote Lal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bharatiya Nyaya Sanhita — s. 103, 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3), 480(3)
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
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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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