PATNA HIGH COURT
Rajesh Kumar Verma, J
Chhotu Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.85174 of 2025
| Table of Content |
|---|
| 1. analysis of allegations and defense claims regarding the case. (Para 2 , 4) |
| 2. arguments from both sides regarding bail and evidence. (Para 3 , 5) |
| 3. court's decision on granting bail with conditions. (Para 6) |
For the Petitioner/s : Mr. Rajnish Kumar Singh, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 20-01-2026 Heard Mr. Rajnish Kumar Singh, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.07.2025 in connection with Raghubansh Nagar P.S. Case No. 70 of 2025, F.I.R. dated 05.07.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 351(B) and 3(5) of the BNS, 2023
3. According to prosecution case, this petitioner on instruction of his mother, cut the neck of the informant's father and also assaulted informant's mother.
4. Learned counsel for the petitioner submits that implicated in the present case. The allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. It appears from the F.I.R that the petitioner on instruction of his mother, cut the neck of the informant's father due to which he received injury. He further submits that it also appears from the F.I.R that due to some monetary dispute the present occurrence took place and there is no intention to kill anyone. The present occurrence took place on the spur of moment. He further submits that the police after investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 06.07.2025.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that it appears from the F.I.R that there is direct and specific allegation against the petitioner in the F.I.R.
6. Considering the aforesaid facts and circumstances custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Purnea in connection with Raghubansh Nagar P.S.
Case No. 70 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
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