Patna High Court
Bittu Yadav @ Biitu Kumar @ Badal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond and conditions under the B.N.S., 2023.
Summary
The petitioner, Bittu Yadav, was named in FIR No.545 of 2025 for alleged offences under Sections 191(2), 190, 126(2), 115(2), 303(2), 118(1) and 109 of the B.N.S., 2023, involving alleged robbery and assault with a firearm. The petitioner applied for anticipatory bail, claiming innocence, a clean criminal record, and that the incident was a failed theft attempt by the informant and others. The State and the informant opposed bail, arguing that specific allegations and the circumstances described in the FIR warranted detention. The Court examined the merits of the bail application, the nature of the allegations, and the statutory provisions governing anticipatory bail under the B.N.S., 2023. Considering the petitioner's cooperation, lack of prior convictions, and the conditions imposed, the Court ordered release on anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 2(1)(d) of the B.N.S., 2023
- Whether the allegations in the FIR constitute a prima facie case justifying denial of bail
- Whether the conditions imposed under Section 482(2) of the B.N.S., 2023 are sufficient to safeguard the investigation
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 2(1)(d), 303(2), 482(2)
Subjects
- anticipatory bail
- B.N.S. 2023
- Section 2(1)(d)
- Section 482(2)
- criminal procedure
- FIR
- Jamui
- Bihar
- offence of robbery
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15429 of 2026
Arising Out of PS. Case No.-545 Year-2025 Thana- JAMUI District- Jamui
======================================================
Bittu Yadav @ Biitu Kumar @ Badal Kumar Son of Anil Yadav Resident of
Village- Kalyanpur, P.S.- Jamui, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ankita Kumari, Adv.
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
Mr.Sanjay Kumar Mishra, Adv.
Mr.Ashok Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard Learned Counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. The petitioner is apprehending arrest in connection
with Jamui P.S. Case No.545 of 2025 lodged on 23.09.2025, for
the offences punishable under Sections 191(2), 190, 126(2),
115(2), 303(2), 118(1), 109 of the B.N.S., 2023.
3. As per the prosecution, FIR has been lodged against
five named accused persons including the present petitioner
with allegation that they had surrounded the informant in the
state of intoxication and snatched gold chain. Upon oppose,
petitioner has assaulted by gun point due to which injury took
place and informant becomes unconcious.
4. Learned Counsel for the petitioner submits that the
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petitioner is innocent and has committed no offence. Counsel
also submits that the petitioner and informant are resident of
same village and on the date of occurrence, informant and one
other tried to enter in the house of the one Sudha Devi from
backside and were trying to commit theft. Anyhow the said
Sudha Devi listened the noise and with the help of villagers,
they were caught. Upon FIR was not lodged then she file
complaint case which is pending before the Court of C.J.M.
5. Counsel submits that the criminal antecedent of the
petitioner is clean and ready to fulfill all the conditions
whatsoever shall be imposed upon him.
6. Learned counsel for the informant, who appeared
suo moto, vehemently opposes the prayer for bail and submits
that there is specific allegation against the petitioner. Therefore,
the bail should be rejected.
7. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the story of leaving
motorcycle indicated in the FIR.
8. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
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furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Addl. Sessions Judge-V, Jamui, in connection
with Jamui P.S. Case No.545 of 2025, subject to the conditions
as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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