Chhotelal Prasad @ Nagendra Singh Vs The State of… — Murder and Culpable Homicide | Patna HC (2026)

Chhotelal Prasad @ Nagendra Singh Vs The State of… — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender before the court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned SDJM, Sadar, East Champaran at Motihari, subject to conditions under Section 482(2) of BNSS.

Issue for consideration

Whether the petitioner, named in the F.I.R. in Rajepur P.S. Case No. 82 of 2023 registered for offences punishable under Sections 302, 34 IPC and apprehending arrest, should be released on anticipatory bail.

Court's answer

The allegation qua physical assault against the petitioner appears very much general and omnibus in nature, and the occurrence alleged prima facie took place in the background of a land dispute.

Ratio / Principle

The petitioner, 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 on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of BNSS.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner Chhotelal Prasad @ Nagendra Singh, named in the F.I.R. in Rajepur P.S. Case No. 82 of 2023 (P.S. Rajepur, District East Champaran) for offences punishable under Sections 302, 34 IPC and apprehending arrest, sought bail; the FIR alleged that he along with other co-accused assaulted the informant with lathi and rod, and that the informant's mother, on coming to rescue, was assaulted and succumbed to her injuries during treatment. Counsel submitted that informant and petitioner are full brothers, the implication arose out of a land dispute as an after-thought, the old-age mother slipped from the stairs during normal scuffling, the assault allegations were general and omnibus, and co-accused Anita Devi had already been granted bail in Cr. Misc. No. 59486 of 2023 (order dated 14.12.2023). Holding that the allegation qua physical assault appeared very much general and omnibus and the occurrence prima facie took place in the background of a land dispute, the Court directed release of the petitioner on bail, in the event of arrest or surrender before the court below within four weeks, on a 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, subject to the conditions laid down under Section 482(2) of BNSS. (Chandra Shekhar Jha, J)

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.

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.

As per FIR, petitioner alongwith other coaccused 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.

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.

Learned APP opposes the prayer of bail.

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.

(Chandra Shekhar Jha, J)

Sudha/-

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