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Patna High CourtCR. MISC./5098/2026allowed

Chhote Sarkar @ Chhotu @ Ashik Kumar @ Ashik @ Chhote v. The State Of Bihar

2026-02-04Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5098 of 2026 Arising Out of PS. Case No.-184 Year-2025 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Chhote Sarkar @ Chhotu @ Ashik Kumar @ Ashik @ Chhote S/O Ram Kishun Mahto @ Nanhki Mahto @ Ramkrishna Mahto R/O Vill.- Jaipur Dhanuki @ Dhanki, P.S.- Agamkuan, Dist.- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajanan Mishra, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 126(2), 115(2), 329(4), 308(4), 109, 351(2) and 3(5) of B.N.S. and Section 27 of the Arms Act.

3. The case of the prosecution is that two persons who have masked their face arrived at the shop of the informant. A boy wearing black shirt slapped him twice. He could not identify that boy whereas he could identify another boy as Chhote Sarkar the petitioner. It is further alleged that the petitioner and others have threatened him and have demanded Rs. 1000/- daily as rangdari. It is further alleged that they also

Patna High Court CR. MISC. No.5098 of 2026(2) dt.04-02-2026 2/3 made firing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of the FIR, it is clear that only allegation against the boy who was wearing black shirt of slapping. As far as this petitioner is concerned, there is no specific allegation against him. No rangdari was handed over. The nature of allegation is general and omnibus. Nobody has received any firearm injuries. Moreover, the petitioner is languishing in judicial custody since 16.06.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and submitted that petitioner is having criminal antecedent of seven cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ram Krishna Nagar P.S. Case No. 184 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna with following conditions:-

Patna High Court CR. MISC. No.5098 of 2026(2) dt.04-02-2026 3/3 (i) The petitioner shall cooperate in trial and shall remain physically present in the trial court on each and every fixed date.

(ii) As most of the cases of the petitioner are from Agam Kuan Police Station, so, he is also directed to mark weekly attendance at Agam Kuan P.S.

(Ashok Kumar Pandey, J) Shubham/- U T