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Patna High CourtCR. MISC./19766/2026allowed

Chhotu Kumar v. The State Of Bihar

2026-04-10Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19766 of 2026 Arising Out of PS. Case No.-138 Year-2024 Thana- ATRI District- Gaya ====================================================== Chhotu Kumar Son of Late Sharwan Singh R/o Village - Panday Bigha, P.S. - Atri, Dist. - Gaya Ji.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-04-2026 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 341, 323, 427, 379 & 307/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. The case of the prosecution, in short, is that the petitioner along with others has caused damage to the vehicles parked outside the office of the informant and has broken the glasses and took away Rs. 40,000/-. It is further alleged that they have also assaulted the staff Praveen Kumar with lathi and iron rod and made firing in air.

4. Learned counsel for the petitioner submits that the nature of allegation is general and omnibus. It is further submitted by learned counsel for the petitioner that it is not specific as to

Patna High Court CR. MISC. No.19766 of 2026(2) dt.10-04-2026 2/2 who has assaulted Praveen Kumar. It has further been submitted that all the allegations, save and except allegation under Section 307 IPC, are bailable and in the facts and circumstances of the case, the allegation under Section 307 IPC is not made out. It has further been submitted that similarly situated co-accused has already been granted bail by this court vide Cr. Misc. No. 69048 of 2025. The case of this petitioner stands on similar footing. Moreover, he is languishing in judicial custody since 26.09.2025.

5. Learned Additional Prosecutor for the State has vehemently opposed the bail application of the petitioner and has submitted that the petitioner is having criminal antecedent of two cases.

6. Considering the aforesaid 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 Atri P.S. Case No. 138 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya Ji.

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