CR. MISC./11679/2026 of Pintu Kumar Vs The State of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11679 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- CHOUTARWA District- West
Champaran
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1. Pintu Kumar S/O Ramji Sah @ Ramjee Prasada R/O Village -Jamadar Tola
Siswa, Basantpur, P.S- Choutarwa, Dist.- West Champaran.
2. Deepu Kumar S/O Ramji Sah @ Ramjee Prasada R/O Village -Jamadar Tola
Siswa, Basantpur, P.S- Choutarwa, Dist.- West Champaran.
3. Raj Kumar S/O Pramod Sah @ Pramod Prasad R/O Village -Jamadar Tola
Siswa, Basantpur, P.S- Choutarwa, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioners : Mr. Milind Kumar Mishra, Advocate
For the State : Mr. Surendra Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 329(3), 109, 103 and 352 of the B.N.S..
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
assaulted one Dharmanath Prasad by means of lathi causing
head injury due to which he died during course of treatment.
Patna High Court CR. MISC. No.11679 of 2026(2) dt.11-03-2026
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4. It is submitted by learned counsel for the petitioners
that petitioners are quite innocent and have committed no
offence. Allegation of assault is general and omnibus and no
specific accusation of overt act has been alleged against these
petitioners. As per F.I.R., all 10 F.I.R. named accused persons,
including these petitioners, are alleged to have assaulted the
deceased, however, as per post mortem report, only two injuries
were found on the body of the deceased, which itself makes the
entire prosecution case doubtful. Moreover, charge-sheet has
already been submitted and petitioners, having no criminal
antecedents, are in custody since 15.10.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, materials
available on record, period of custody and clean antecedents of
the petitioners, the prayer for grant of bail to the petitioners is
allowed.
7. Accordingly, let the above named petitioners be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-I,
Patna High Court CR. MISC. No.11679 of 2026(2) dt.11-03-2026
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Bagaha, West Champaran in connection with Choutarwa P.S.
Case No. 228 of 2025.
shashank/-
(Prabhat Kumar Singh, J)
U T