Patna High Court
Chhotu Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to conditional pre‑arrest bail despite the serious nature of the allegations, subject to a bond, sureties and verification of antecedents under Section 482(2) of the BNSS.
Summary
Chhotu Ranjan Kumar was implicated in an FIR alleging that he, along with others, strangulated the daughter of an informant and helped dispose of the body. He claimed innocence, asserted a clean criminal record, and pointed out that the principal accused, Avinash Kumar, was already in judicial custody. The petitioner sought pre‑arrest bail for offences under Sections 80, 61(2), 238 and 3(5) of the BNS. The State opposed the bail, emphasizing the seriousness of the charges. The High Court, after weighing the submissions and the nature of the allegations, directed that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to verification of his antecedents and compliance with Section 482(2) of the BNSS. The order also stipulated that the bail would lapse automatically if any other pending case against the petitioner is discovered.
Issues considered
- Whether pre‑arrest bail can be granted in a case involving offences under Sections 80, 61(2), 238 and 3(5) of the BNS
- Whether the petitioner’s clean antecedent and the custody of the co‑accused justify the grant of bail
Legislation cited
- Bihar Negotiable Substances Act — s. 238, 3(5), 61(2), 80
- Bihar Negotiable Substances (Special) Act — s. 482(2)
Subjects
- pre‑arrest bail
- criminal procedure
- Section 482
- bail bond
- clean antecedent
- murder
- disposal of body
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92069 of 2025
Arising Out of PS. Case No.-113 Year-2025 Thana- MANER District- Patna
======================================================
Chhotu Ranjan Kumar, aged about 45 Years (M), Son of Late Kamla Rai
Resident of Village- Hathi Tola, P.S.- Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Usha Kumari Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard Mrs. Usha Kumari Singh, learned counsel
appearing on behalf of the petitioner and Mr. Ashok Kumar
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Maner P.S. Case No. 113 of 2025 registered for the offence
punishable under Sections 80, 61(2), 238 and 3(5) of the BNS.
3. As per the allegation made in the FIR, the petitioner
along with other accused persons had strangulated the daughter
of the informant, who was married to one Avinash Kumar in the
year 2018.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. The petitioner is co-villager
Patna High Court CR. MISC. No.92069 of 2025(2) dt.04-02-2026
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of the husband of the deceased and allegation against him is that
he had allegedly participated in disposing of the body of the
victim along with other co-accused. Specific allegation is
against co-accused Avinash Kumar, who is husband of the
deceased and he is in judicial custody. Petitioner has clean
antecedent. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, the nature of allegation made in the
FIR, the petitioner, above named, is directed to be released on
pre-arrest bail, in the event of his/her arrest or surrender before
the learned District Court within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District Court where the case is
pending, in connection with Maner P.S. Case No. 113 of 2025,
subject to the condition as laid down under Section 482(2) of
the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
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pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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