Patna High Court
Biitu Kumar @ Raviranjan RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted as the petitioner has a clean antecedent, no specific allegation of assault, and co‑accused have been released on bail.
Summary
The petitioner, Biitu Kumar, was arrested on 10 July 2025 in connection with FIR No. 135 of 2025 alleging offences under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023. The FIR relates to the death of the informant's father, but the petitioner claims no specific allegation of assault or overt act against him. The petitioner has a clean antecedent and points out that co‑accused Wakil Yadav and others were granted bail by a coordinate bench in a similar case. The State opposed bail, arguing the seriousness of the charges. The Court, after considering the lack of specific incriminating material against the petitioner and the precedent of bail to co‑accused, ordered bail on a bond of Rs.10,000 with two sureties and imposed standard conditions. The bail order directs the lower court to verify the petitioner’s antecedent but not to delay the release.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under Sections 103(1) and 3(5) of the BNS, 2023.
- Whether the absence of specific allegations against the petitioner warrants his continued custody.
- Whether the grant of bail to co‑accused in a coordinate case influences the bail decision for the petitioner.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Bihar Narcotic Substances Act
- Section 103
- Section 3
- clean antecedent
- co‑accused bail
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83340 of 2025
Arising Out of PS. Case No.-135 Year-2025 Thana- SURYAGARHA District- Lakhisarai
======================================================
Biitu Kumar @ Raviranjan Raj Son of Rajaram Yadav @ Prem Prakash
Resident of Village- Lakshmipur, P.S.- Suryagarha, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Anand, Advocate
For the Opposite Party/s : Mr.Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Heard Mr.Shailesh Anand, learned counsel for the
petitioner, learned counsel for the informant and Mr.Narendra
Kumar Singh, learned Additional Public Prosecutor for the
State.
2. The petitioner seeks bail, who is in custody since
10.07.2025 in connection with Surygarha P.S. Case No. 135 of
2025, F.I.R. dated 04.05.2025 registered for the offence
punishable under Sections 103(1) and 3(5) of BNS, 2023.
3. As per FIR, in the night of 03.05.2025, father of
informant was found dead in his Bathan and informant believes
that FIR named accused persons have killed his father.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. From a bare
perusal of the FIR it appears that no offence is committed by the
Patna High Court CR. MISC. No.83340 of 2025(3) dt.31-01-2026
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petitioner and the petitioner has been made accused in the
present case merely on the basis of suspicion and for the same
set of allegation, co-accused persons, namely, Wakil Yadav &
Others have been granted bail by a Coordinate Bench of this
Hon’ble Court vide order dated 13.11.2025 passed in Cr. Misc.
No.74614 of 2025. The police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 10.07.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for bail
of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, there is no specific allegation of any assault or
overt-act attributed against the petitioner in the FIR and co-
accused persons, namely, Wakil Yadav & Others have been
granted bail by a Coordinate Bench of this Hon’ble Court, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs.10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned C.J.M.,
Lakhisarai in connection with Surygarha P.S. Case No. 135 of
2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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