Chhotu Kumar @ Chhotu Yadav @ Kiro Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67581 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- Garahara District- Begusarai ====================================================== Chhotu Kumar @ Chhotu Yadav @ Kiro Yadav Son of Late Mukesh Yadav Resident Of Village -Baro Rajdevpur P S- Garhara District -Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Bhusan Poddar, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
02. In the present case, the petitioner seeks bail in connection with Garhara P.S. Case No. 28 of 2025 registered for the alleged offences under Sections 126(2), 115(2), 329(4), 76, 303(2), 118(1), 109, 351(2), 352 of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, the petitioner entered into the house of the informant while the informant has been alone and molested her threatening her with knife. When the brother of father-in-law of the informant intervened, the petitioner gave him a knife blow, causing injury on his head and took away Rs. 5,000/- from him.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.67581 of 2025(3) dt.22-12-2025 2/3 petitioner is innocent and has been falsely implicated in this case. The injury report of the brother of father-in-law of the informant shows only complaint of body ache and an abrasion over forehead of dimension 3⁄4" x 1/6" and injuries are stated to be simple in nature caused by hard and blunt object. This falsifies the allegation of giving knife blow to the brother of father-in-law of the informant. There is no injury report of the informant herself on record. Learned counsel further submits that the petitioner is in custody since 11.04.2025 and chargesheet has been submitted.
05. Learned APP for the State opposes the submission made on behalf of the petitioner.
06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation against the petitioner and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai/court concerned in connection with Garhara P.S. Case No. 28 of 2025, subject to the conditions mentioned in Section
Patna High Court CR. MISC. No.67581 of 2025(3) dt.22-12-2025 3/3 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Ashish/- U T