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Patna High CourtCR. MISC./5644/2026bail granted

Chotu Singh @ Chhotu Kumar @ Chhotu Singh v. The State Of Bihar

2026-02-09Mr. Justice Chandra Shekhar Jha8 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2271 of 2026 Arising Out of PS. Case No.-104 Year-2025 Thana- JALALPUR District- Saran ====================================================== Krishna Singh, S/O Ram Pravesh Singh, R/O Ghamariya, P.S- Russi, Distt.- Saran, State- Bihar- 841205.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 5644 of 2026 Arising Out of PS. Case No.-104 Year-2025 Thana- JALALPUR District- Saran ====================================================== Chotu Singh @ Chhotu Kumar @ Chhotu Singh S/o Ram Pravesh Singh, Resident of - Ghamariya, P.S - Russi, District - Saran, State-Bihar - 841205. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6989 of 2026 Arising Out of PS. Case No.-104 Year-2025 Thana- JALALPUR District- Saran ====================================================== 1.

Sunil Kumar Singh @ Sunil Singh S/o Shri Bhagwan Singh @ Sree Bhagwan R/o Village - Gamhariya, P.S - Jalalpur, District - Saran. 2.

Pankaj Singh @ Pankaj Kumar Kuswaha S/o Shri Bhagwan Singh @ Sree Bhagwan R/o Village - Gamhariya, P.S - Jalalpur, District - Saran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 2271 of 2026) For the Petitioner/s :

Mr. Robin Kumar, Advocate Mr. Priya Ranjan, Advocate Mr. Mahesh Kumar, Advocate Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP (In CRIMINAL MISCELLANEOUS No. 5644 of 2026) For the Petitioner/s :

Mr. Robin Kumar, Advocate Mr. Priya Ranjan, Advocate Mr. Mahesh Kumar, Advocate Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP (In CRIMINAL MISCELLANEOUS No. 6989 of 2026) For the Petitioner/s :

Mr. Amarendar Kumar, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2/8 09-02-2026 Cr. Misc. No. 2271 of 2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. Accused/petitioner seeks bail in connection with Jalalpur P.S. Case No. 104 of 2025 registered for the offences under Sections 126(2), 115(2), 118(1), 118(2), 109, 352, 351(2), 351(3) & 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').

3. The accused/petitioner is named in the First Information Report and is in custody since 12.08.2025.

4. Allegation against the petitioner is to assault the informant and others by using sword and lathi etc. causing head and bodily injuries, where assault was alleged to be caused with intention to kill the informant, where occurrence alleged to be arisen out of land dispute.

5. It is submitted by learned counsel appearing on behalf of the petitioner that upon medical examination injuries, as alleged to be inflicted by this petitioner, found simple in nature negating prima facie with that same was made intention to cause death.

3/8

6. While concluding argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is already concluded, for which charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.

7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

8. In view of aforesaid factual submission and by taking note of the fact as nature of injury, upon medical examination, found simple in nature prima facie negating the intention to cause death, coupled with the fact that petitioner remains in custody since 12.08.2025, where investigation of this case is already completed, accordingly, petitioner abovenamed is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-14th, Saran at Chapra/concerned court, in connection with Jalalpur P.S. Case No. 104 of 2025, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya

4/8 Nagarik Suraksha Sanhita (in short "B.N.S.S."). Cr. Misc. No. 5644 of 2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Jalalpur P.S. Case No. 104 of 2025 registered for the offences under Sections 126(2), 115(2), 118(1), 118(2), 109, 352, 351(2), 351(3) & 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').

3. The allegation against co-accused persons including petitioner is to assault the informant by using sword and lathi etc. causing head and bodily injuries, where assault was alleged to be caused with intention to kill the informant and others. Occurrence alleged to be arising out of land dispute.

4. It is submitted by learned counsel appearing on behalf of the petitioner that upon medical examination, injuries as alleged to be inflicted by this petitioner found simple in nature, negating prima facie his intention to cause

5/8 death. It is further submitted that occurrence was free fight in nature arsing out of land dispute, for which petitioner's side also lodged a case, which was registered as Jalalpur P.S. Case No. 105 of 2025. It is pointed out that both parties received injuries. While concluding argument, it is submitted that taking note of totality of nature of accusation and also the injuries, it can be safely said that petitioner was not under intention to cause death of the informant and other injured persons. Petitioner is a man of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as occurrence was free fight in nature, coupled with the fact that nature of injuries as alleged to be caused by this petitioner found simple in nature, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail 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 and Additional Sessions Judge-14th,

6/8 Saran at Chapra/concerned Court, where the case is pending in connection with Jalalpur P.S. Case No. 104 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

Cr. Misc. No. 6989 of 2026 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioners apprehending their arrest in connection with Jalalpur P.S. Case No. 104 of 2025 registered for the offences under Sections 126(2), 115(2), 118(1), 118(2), 109, 352, 351(2), 351(3) & 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').

3. The allegation against co-accused persons including petitioners is to assault the informant by using sword and lathi etc. causing head and bodily injuries, where assault was alleged to be caused with intention to kill the informant and others. Occurrence alleged to be arising out of land dispute.

4. It is submitted by learned counsel appearing on

7/8 behalf of the petitioners that upon medical examination, injuries as alleged to be inflicted by these petitioners found simple in nature, negating prima facie their intention to cause death. It is further submitted that occurrence was free fight in nature arsing out of land dispute, for which petitioners's side also lodged a case, which was registered as Jalalpur P.S. Case No. 105 of 2025. It is pointed out that both parties received injuries. While concluding argument, it is submitted that taking note of totality of nature of accusation and also the injuries, it can be safely said that petitioners were not under intention to cause death of the informant and other injured persons. Petitioners are men of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as occurrence was free fight in nature, coupled with the fact that nature of injuries as alleged to be caused by these petitioners found simple in nature, accordingly, both above named petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released

8/8 on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-14th, Saran at Chapra/concerned Court, where the case is pending in connection with Jalalpur P.S. Case No. 104 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T