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Patna High Court

Bittu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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