Patna High Court
Chhotu Kumar @ Chhotelal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Securities Act — s. 109(1), 115(2), 126(2), 305, 308(3), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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