Patna High Court
Chhotu Kumar @ Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
- Arms Act — s. 27
- B.N.S.S., 2023 — s. 308(4), 329(3), 3(5), 352
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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