CR. MISC./42619/2026 of Md. Chotu @ Md. Chotu Alam @ Md. Chhotu Vs The State of Bihar on 18 August 2026

ORAL ORDER

18-08-2026 Heard Mr. Pankaj Kumar, learned Advocate for the petitioners and Mr. Satyendra Narain Singh, learned Additional Public Prosecutor for the State. The informant is represented through Mr. Satyam Kumar Ojha, learned Advocate.

2. At the outset, learned Advocate for the petitioners, after some argument, seeks permission to withdraw the application on behalf of the petitioner no. 3.

3. Permission is accorded.

4. The petitioner nos. 1, 2 and 4 are apprehending their arrest in connection with Pirpainti P.S. Case No. 97 of 2026, registered for the offences punishable under Sections 191(2), 191, 126(2), 115(2), 109, 303(2), 76 of the BNS.

5. On the given date and time of occurrence, while the accused persons were forcefully uprooting the mustard crops and when a protest was made for the same by the informant, all the FIR named accused persons, 15 in numbers, including the petitioners, rushed to the place of occurrence, variously armed and brutally assaulted the informant and his family members leading to serious injuries to three persons. There is further allegation of outraging the modesty of the female members of the family.

6. Learned Advocate for the petitioners taking this Court through the FIR contended that the injuries, which are specifically attributed to the petitioner nos. 1, 2 and 4 are concerned, the same have been reported to be simple in nature. The genesis of the occurrence is a long standing land dispute, which resulted into a free fight leading to institution of the case and counter case bearing Pirpainti P.S. Case No. 102 of 2026 instituted by the members of the petitioners’ side against the informant and others. In the said occurrence, the members of the petitioners’ side have also sustained injuries. However, the prosecution has failed to explain the injuries sustained to the petitioners. The petitioners undertake before this Court that they would not indulge in such incidence and cooperate with the proceeding of the court.

7. On the other hand, learned Advocates for the State and the informant vehemently oppose the grant of pre-arrest bail and submit that besides the petitioner Nos. 1 and 2 are carrying one and two criminal antecedent respectively, they have actively participated in the crime and brutally assaulted the informant and others, as a result of which one person sustained grievous injuries, whereas others sustained simple injuries and thus the allegation of causing assault stands corroborated.

8. Having considered the submissions advanced by the learned Advocates for the rival parties and considering the omnibus nature of allegation against the present petitioners, besides the injuries attributed against them are reported to be simple in nature, as also the factum of case and counter case, which is an offshott of the land dispute, let the petitioner nos. 1, 2 and 4, abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)

each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Pirpainti P.S. Case No. 97 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner nos. 1, 2 and 4.

Anjani/- (Harish Kumar, J) U T