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2026 DAILYLAW 37789 (PAT)

CHHOTELAL PRASAD @ NAGENDRA SINGH v. The State of Bihar

CR. MISC./61474/2023 · 2026-01-27

Chandra Shekhar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61474 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Chhotelal Prasad @ Nagendra Singh Son Of Late Chhathu Prasad Resident Of Village Kalyanpur, P.S. - Rajepur, Distt - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. Mr. Hemant ray, Adv. For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 3 27-01-2026 Heard the parties. 2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Rajepur P.S. Case No. 82 of 2023 registered for the offences punishable under Sections 302, 34 of Indian Penal Code. 3. As per FIR, petitioner alongwith other co- accused persons alleged to have assaulted the informant with lathi, rod, etc. and when his mother came to rescue them, she was also assaulted due to which she scummed to the injuries during the course of treatment. 4. It is submitted by learned counsel appearing Patna High Court CR. MISC. No.61474 of 2023(3) dt.27-01-2026 2/3 on behalf of the petitioner that informant and this petitioner are full brothers and due to land dispute as an after thought the petitioner was implicated with family members as during normal scuffling and hot exchange the mother of informant who was a old age lady slipped from the stairs and sustained injuries which was the cause of her death. It is pointed out that allegation qua physical assault also appears raised in very much general and omnibus manner against petitioner and considering all such aspect co-accused namely, Anita Devi has already granted bail by learned co-ordinate Bench of this Court through Cr. Misc. No. 59486 of 2023 vide order dated 14.12.2023. 5. Learned APP opposes the prayer of bail. 6. In view of aforesaid factual submission and by taking note of fact as allegation qua physical assault appears very much general and omnibus in nature where occurrence alleged prima-facie took place in the background of land dispute, accordingly petitioner above- Patna High Court CR. MISC. No.61474 of 2023(3) dt.27-01-2026 3/3 named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sadar, East Champaran at Motihari /concerned Court, where the case is pending in connection with Rajepur P.S. Case No. 82 of 2023, subject to the conditions as laid down under Section 482(2) of BNSS. Sudha/- (Chandra Shekhar Jha, J) U T