Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77131 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- FALKA District- Katihar ====================================================== Chhotu Kumar Son of Chandan Mandal Resident of Village- Morsanda (Mandal Tola), P.S.- Falka, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Falka P.S. Case No. 95 of 2025 instituted for the offences under Section 140(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 11.08.2025 at night, the informant, a Toto (rickshaw) driver, was allegedly hired by the accused persons and taken to a lonely place where he was threatened with a country-made pistol, assaulted, and demanded 1,00,000/- as rangdari. Upon request, 15,000/- ₹ ₹ was allegedly transferred by the informant's family to a Pay
Patna High Court CR. MISC. No.77131 of 2025(3) dt.03-02-2026 2/3 Phone number on the instruction of co-accused, after which the informant was again assaulted and threatened.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of his account number on which the amount of Rs. 15,000/- was credited. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that the victim in his statement recorded under Section 183 of the BNSS has not stated anything against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.08.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.77131 of 2025(3) dt.03-02-2026 3/3 below/concerned Court in connection with Falka P.S. Case No. 95 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T