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Patna High CourtCR. MISC./66235/2025bail granted

Chhotu Kumar @ Puri Kumar v. The State Of Bihar

2025-09-19Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66235 of 2025 Arising Out of PS. Case No.-159 Year-2025 Thana- BHAGWANPUR District- Vaishali ====================================================== Chhotu Kumar @ Puri Kumar Son of Shiv Chandra Mahto @ Shivchandra Mahto Resident of Village - Rahasa Kabari Tola, P.S.- Bhagwanpur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary, Adv For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-09-2025

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case no. 159/2025, registered under Sections 115, 126(2), 351(2), 352, 109, 303(2) and 3(5) of BNS.

3. The allegation in the first information is that on account of the demand of extortion, the informant was assaulted by around eight to ten boys by means of hockey sticks, baseball bats, etc., causing injuries.

4. Learned counsel for the petitioner submits that the first informant report would itself make it apparent that there is a general and omnibus allegation of assault upon eight to ten boys, the names of four out of them were subsequently found

Patna High Court CR. MISC. No.66235 of 2025(2) dt.19-09-2025 2/3 out, and the name of the petitioner was also taken to be one of them. It is further submitted that as against general allegations of assault, the informant sustained three injuries, two of which were simple in nature, caused by hard and blunt object, and the third injury, which was grievous in nature, was also caused by hard and blunt object on a non-vital part of the body. It is further submitted that there is an inordinate and unexplained delay of four days in lodging of the FIR. The petitioner undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the general and omnibus nature of allegations coupled with the nature of injuries and also considering that the petitioner is a very young nineteen year old boy, let the above named petitioner who has no criminal antecedent, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bhagwanpur P.S. Case no. 159/2025, 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 Chief Judicial Magistrate, Vaishali at

Patna High Court CR. MISC. No.66235 of 2025(2) dt.19-09-2025 3/3 Hajipur, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, and subject to the following conditions:- (a) One of the bailors shall be the father of the petitioner.

(Soni Shrivastava, J) krishnakant/- U T