Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that regular bail should be granted to the petitioner.
Summary
The petitioner, Bittu Kumar, was arrested in connection with an assault on an informant, alleged to have been carried out with the butt of a pistol, leading to simple injuries. He was charged under sections 191(2), 126(2), 115(2), 110, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, arguing that he was falsely implicated and that a similarly situated co‑accused had already been granted bail by a coordinate bench of the same court. The State opposed the bail application, citing the seriousness of the accusations. After considering the nature of the offence, the investigation material, and the length of the petitioner’s custody since 20‑06‑2025, the court allowed regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 for offences including assault and related provisions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 126(2), 191(2), 351(2), 351(3)
Subjects
- regular bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- injury
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4588 of 2026
Arising Out of PS. Case No.-25 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Bittu Kumar S/O Satish Sao @ Satish Saw R/O Village- Tehta Rajain, P.S-
Makhdumpur (Tehta), Distt.- Jehanabad.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar, Advocate
Mr. Shubhankar Raj, Roy Birendra, Advocates
For the Opposite Party/s : Mr.Rajendra Nath Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under sections 191(2), 126(2), 115(2),
110, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
3. As per prosecution case, all the FIR named accused
persons including this petitioner assaulted the informant with
butt of pistol causing him injuries.
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent and has falsely been
implicated in this case. Doctor has found simple injury. Charge
sheet has already been filed. Similarly situated co-accused has
already been allowed bail by a co-ordinate bench of this Court
vide order passed in Cr.Mis.No. 61863/2025. Petitioner is in
custody since 20.6.2025.
Patna High Court CR. MISC. No.4588 of 2026(2) dt.16-02-2026
2/2
5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the nature of accusation, materials
collected during investigation and period of custody of the
petitioner, his prayer for regular bail is allowed. Let the
petitioner, mentioned above, be enlarged on bail on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of Additional Chief Judicial
Magistrate I, Jehanabad in Makhdumpur Tehta Police Station
Case No. 25 of 2025.
(Prabhat Kumar Singh, J)
shashi/-
U T
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