Created by Fuzzy Cloud

Patna High Court

Chhotu Kumar @ Chhotelal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that in the absence of any specific allegation against the petitioners and given the nature of the injury, the petitioners were entitled to pre‑arrest bail.

Summary

Chhotu Kumar and Bharat Kumar were charged under several sections of the Bihar Negotiable Securities Act for assaulting an informant with the butt of a pistol and an iron rod, causing a grievous injury to the hand. The petitioners applied for pre‑arrest bail, arguing that the injury was not to a vital part of the body, the allegation against them was general and omnibus, and they have a clean antecedent. The State opposed the bail. The court observed that no specific allegation could be linked to either petitioner and, considering the nature of the injury, found a prima facie case for bail. Accordingly, the court ordered their release on pre‑arrest bail upon furnishing a bond of Rs 10,000 with two sureties, subject to Section 438(2) CrPC/Section 482(2) of the Bihar Negotiable Securities Act. The district court was directed to verify any other criminal antecedents, and the bail application was disposed.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail under Section 438(2) CrPC and Section 482(2) of the Bihar Negotiable Securities Act despite the grievous injury alleged in the FIR?
  • Whether the general and omnibus nature of the allegations, without specific attribution, warrants grant of bail?

Legislation cited

Subjects

  • pre‑arrest bail
  • grievous injury
  • omnibus allegation
  • clean antecedent
  • Section 438 CrPC
  • Bihar Negotiable Securities Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90612 of 2025
                     Arising Out of PS. Case No.-42 Year-2025 Thana- HASANPUR District- Samastipur
                 ======================================================
           1.     Chhotu Kumar @ Chhotelal Kumar S/o Ramu Mahto Resident of Village -
                  Goha, Ward No.5, Police Station - Hasanpur, District - Samastipur.
           2.    Bharat Kumar S/o Ram Prakash Mahto Resident of Village - Goha, Ward
                 No.5, Police Station - Hasanpur, District - Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pratik, Advocate.
                 For the Opposite Party/s :       Mr.Rajiv Nayan, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   04-02-2026                      Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Hasanpur P.S. Case No. 42 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 109(1), 305,

                   308(3) and 3(5) of the BNS.

                                3. As per the allegation made in the F.I.R., due to non-

                   fulfillment of demand of ransom, the accused persons including

                   the petitioners assaulted the informant by means of butt of the

                   pistol and iron rod causing injury on his head and right hand.

                                4. Learned counsel appearing on behalf of the

                   petitioners submitted that the informant has sustained only one
Patna High Court CR. MISC. No.90612 of 2025(2) dt.04-02-2026
                                            2/3




          injury and the same has been recorded by the learned District

          Court as grievous in nature, but the injury is not on the vital part

          of the body, it is on the hand. In absence of any specific

          allegation attributable to anyone of the petitioners, the allegation

          being general and omnibus against the petitioners and they have

          clean antecedent, learned counsel seeks that the petitioners

          deserve to be released on pre-arrest bail.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioners.

                       6. Having heard the rival submissions and taking into

          consideration the fact that the informant has sustained one

          injury, not on the vital part of the body, though the same is

          grievous in nature as per the impugned order, but in absence of

          any specific allegation attributable to any one of the petitioners

          and the allegation being general and omnibus against them, I

          find that the petitioners have, prima facie, made out a case to be

          released on bail.

                       7. The petitioners, above named, are directed to be

          released on pre-arrest bail, in the event of their arrest or

          surrender before the Court below within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) each with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.90612 of 2025(2) dt.04-02-2026
                                                       3/3




                     satisfaction of learned ACJM-II, Rosera, Samastipur in

                     connection with Hasanpur P.S. Case No. 42 of 2025, subject to

                     the condition as laid down under Section 438(2) Cr.P.C / 482(2)

                     BNSS.

                                  8. The District Court is directed to verify the criminal

                     antecedent of the petitioners and if it is found that the petitioners

                     are involved in some other cases as what has been stated in

                     Para-3 of the bail petition, this order will automatically lose its

                     force.

                                  9. The bail application stands disposed of.



                                                           (Purnendu Singh, J)
mantreshwar/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.