Patna High Court
Chhotan Kumar @ Chhotan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that the petitioners, though part of the mob, are entitled to bail on the basis of lack of specific accusation, fair antecedent, and pending civil matters, subject to conditions under Section 482(2).
Summary
The petitioners, five members of a Yadav family, were implicated in a mob assault on an informant and his family over a land dispute, resulting in serious injuries. They applied for bail in connection with a FIR (Case No. 461 of 2025) that charged them under multiple sections of the Bihar Negotiable Sale Act, 2023. The petitioners argued that the FIR named sixteen accused, with specific accusations against others, and that they had no prior criminal record. The State and the informant contended that the petitioners actively participated in the assault, causing grievous injuries, and thus bail should be denied. The Court noted the lack of specific accusation against the petitioners, their fair antecedent, and the pending land dispute case, and consequently ordered their release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The bail order is conditional upon surrender within four weeks and the presence of a close family member as a bailor.
Issues considered
- Whether the petitioners, alleged members of the mob, are entitled to bail despite participation in an assault causing serious injuries.
- Whether the lack of specific accusation against the petitioners in the FIR justifies granting bail.
- Whether the petitioners' clean antecedent and pending civil land dispute affect the bail decision.
Subjects
- bail
- mob assault
- land dispute
- criminal procedure
- sections 191,190,115,126,117,118,109,329,351,352
- antecedent
- Section 482(2)
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91202 of 2025
Arising Out of PS. Case No.-461 Year-2025 Thana- KHAIRA District- Jamui
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1. Chhotan Kumar @ Chhotan Yadav S/O Mukund Yadav @ Mukun Yadav
Resident of village- Lalpur, P.S.- Khaira, District- Jamui
2. Potan Yadav S/O Mukund Yadav @ Mukun Yadav Resident of village-
Lalpur, P.S.- Khaira, District- Jamui
3. Golu Yadav @ Golu Kumar Yadav Son of Sahdev Yadav Resident of village-
Lalpur, P.S.- Khaira, District- Jamui
4. Rajesh Kumar @ Rajesh Yadav S/o Late Jawahar Yadav Resident of village-
Lalpur, P.S.- Khaira, District- Jamui
5. Damodar Yadav Son of Late Ramlal Yadav Resident of village- Lalpur, P.S.-
Khaira, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Adv.
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
For the Informant/s : Mr. Akash Raj, Adv.
Mr. Saurav Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard learned Advocate for the petitioners, learned
Advocate for the State as well as learned Advocate for the
informant.
2. The petitioners apprehend their arrest in connection
with Khaira P.S. Case No.461 of 2025 registered for the
offences punishable under Sections 191(2), 191(3), 190, 115(2),
126(2), 117(2), 118(1), 109, 329(3), 351(2) and 352 of the BNS,
2023.
3. In the morning of the fateful day, all the FIR named
Patna High Court CR. MISC. No.91202 of 2025(2) dt.15-01-2026
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accused persons, including the petitioners were indulged in
ploughing the filed of the informant through a tractor, and when
the same was protested, the accused persons brutally assaulted
the informant and his family members due to which five
persons, including the informant sustained serious injuries.
4. Learned Advocate for the petitioners taking this
Court through the FIR contended that the FIR has been
instituted against sixteen named accused persons with specific
accusation against few of them, who are not before this Court.
The petitioners are said to be the member of the mob; however,
with no specific accusation. The genesis of the occurrence is
admittedly a longstanding land dispute. All the more, there is a
Jamabandi case bearing no.36/2004 pending before the Court of
learned A.D.M., Jamui filed by the petitioner no.5. He has also
filed a complaint case bearing no.1211C/2025 filed against the
informant and others. The petitioner no.4, though had been
made accused in one another criminal case; however, in the said
case, he has been acquitted and, as such, at present, all the
petitioners bear fair antecedent, is the contention of the learned
Advocate for the petitioners.
5. On the other hand, learned Advocate for the State
and the learned Advocate for the informant vehemently opposed
Patna High Court CR. MISC. No.91202 of 2025(2) dt.15-01-2026
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the bail application and submitted that because of the active
participation of the petitioners along with other accused persons,
five persons have sustained serious injuries, out of which one
has sustained grievous injuries and, as such, complicity of the
petitioners cannot be denied.
6. Considering the fact that the specific accusation has
been levelled against other co-accused persons; so far the
petitioners are concerned, they are said to be the member of the
mob and have fair antecedent, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned 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
satisfaction of learned Chief Judicial Magistrate, Jamui,
District-Jamui in connection with Khaira P.S. Case No.461 of
2025, subject to the condition as laid down under Section 482(2)
of the BNSS, with further condition that one of the bailors shall
be the own/close family members of the petitioners.
(Harish Kumar, J)
rohit/-
U T
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