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Patna High Court

Chhotu Kumar @ Anshu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the bail petition, directing the petitioner to be enlarged on bail subject to conditions under Section 482(2) of the B.N.S.S 2023.

Summary

The petitioner, Chhotu Kumar, was charged under Sections 329(3), 308(4), 352, 3(5) of the B.N.S.S 2023 and Section 27 of the Arms Act for allegedly demanding a large sum of money, ordering the killing of an informant's son, and firing a pistol at the informant's house. He claimed he was falsely implicated, asserted no injury was caused, and argued that the case stemmed from a family dispute. The petitioner had no prior criminal record and had not previously applied for anticipatory or regular bail. The State opposed the bail application, citing the seriousness of the offences. The High Court, after considering the circumstances, granted bail, directing the petitioner to surrender within eight weeks and furnish bail bonds of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S 2023.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S.S 2023 and the Arms Act.

Legislation cited

Subjects

  • bail
  • extortion
  • attempted murder
  • Arms Act
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87683 of 2025
                      Arising Out of PS. Case No.-44 Year-2025 Thana- MATIHANI District- Begusarai
                 ======================================================
                 Chhotu Kumar @ Anshu Kumar, S/o Madan Chaudhary @ Munna
                 Chaudhary, R/o Matihani, P.S.- Matihani, Distt.- Begusarai

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shubhesh Pandey, Advocate.
                 For the State            :        Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

4   07-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Matihani P.S. Case No. 44 of 2025 dated

                   08.03.2025 registered for the offences punishable under

                   Sections 329(3), 308(4), 352, 3(5) of BNS 2023 and Section 27

                   of the Arms Act.

                                 3. As per allegation, the petitioner along with other

                   co-accused came to the door of the informant and demanded

                   Rs.1,00,000/- as extortion, and on refusal, co-accused Madan

                   Chaudhary @ Munna Choudhary directed other co-accused

                   Deepanshu Kumar to kill the eldest son of the informant. It is

                   further alleged that the petitioner was also carrying a pistol in

                   his hand and he fired at the door of the house of the informant.
Patna High Court CR. MISC. No.87683 of 2025(4) dt.07-04-2026
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                       4. Learned counsel for the petitioner submits that the

          Petitioner is innocent and has falsely been implicated in this

          case. He further submits that admittedly there is no injury

          caused to anybody. He also submits that as a matter of fact, the

          petitioner and the informant sides are agnates (Gotia) and they

          have family disputes and that is why this false case has been

          lodged to harass the petitioner.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedents.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the aforesaid facts and circumstances,

          this petition is allowed, directing the petitioner, above-named,

          to be enlarged on bail, in the event of his arrest or surrender

          before the court below within a period of eight weeks from the

          date of receipt / production of a copy of this order, on his

          furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned concerned court below in connection with
              Patna High Court CR. MISC. No.87683 of 2025(4) dt.07-04-2026
                                                          3/3




                        Matihani P.S. Case No. 44 of 2025, subject to the conditions as

                        laid down under Section 482 (2) of the B.N.S.S 2023, and on

                        the following conditions:

                                     (i) In case, it is brought to the notice of the court

                        below that the petitioner has any criminal antecedent, learned

                        court below shall cancel the bail bonds of the petitioner after

                        hearing him and getting satisfied that the petitioner has

                        concealed his criminal antecedents despite his knowledge of the

                        same.

                                     (ii) In case, it is brought to the notice of the court

                        below that statement regarding previous bail petition is wrong,

                        learned court below shall cancel the bail bonds of the petitioner.



                                                                  (Jitendra Kumar, J)
S.Ali/-

U         T


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