Patna High Court
Latoo Bhuinya @ Latoo BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that the petitioner is entitled to regular bail on the condition of a bail bond and sureties.
Summary
The petitioner, Latoo Bhuinya, was arrested in connection with the murder of the informant's son and charged under Sections 103(1), 238, 61(2) and 3(5) of the B.N.S. The prosecution alleged that the petitioner, who worked with the deceased's son in a distillery shop, participated in the killing. The petitioner claimed innocence, arguing that the informant was not an eye‑witness and that his mere association with the deceased should not suffice for detention; he also highlighted his clean record and that co‑accused had been granted bail in a similar case. The State opposed bail, citing the seriousness of the offences. After considering the submissions and circumstances, the Court ordered regular bail on a bond of Rs.10,000 with two sureties, thereby allowing the petition.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder‑related offences under the B.N.S.
- Whether the lack of an eye‑witness and the petitioner’s clean antecedents justify bail
- Whether the precedent of bail granted to co‑accused in Cr. Misc. No. 78460 of 2025 is applicable
Legislation cited
- B.N.S. — s. 103(1), 238, 3(5), 61(2)
Subjects
- regular bail
- criminal procedure
- B.N.S.
- murder
- high court
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18852 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Latoo Bhuinya @ Latoo Bharti S/o Late Shankar Bhuinya R/o Village -
Malhari, P.S.- Imamganj, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sauravh Singh, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Imamganj P.S. Case no.
200 of 2025 registered under Sections 103(1), 238, 61(2) and
3(5) of the B.N.S.
3. As per the prosecution case, the informant suspects
that all the named accused persons including these petitioners,
who were working with the son of the informant in a Distillary
shop (sarab bhatti) with the son of the informant, killed the son
of the informant
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It is further submitted that the informant is not an eye
Patna High Court CR. MISC. No.18852 of 2026(2) dt.25-03-2026
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witness to the alleged occurrence. Suspicion has been raised
against the petitioner merely on account of the fact that the
petitioner was working with the son of the informant (deceased).
It is also submitted that similarly situated co-accused persons
have been granted the privilege of bail by a co-ordinate Bench
of this Court vide order dated 19.11.2025 passed in Cr. Misc.
No. 78460 of 2025. It is lastly submitted that the petitioner has
clean criminal antecedent and is in custody since 26.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstances of
the case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Gaya, in connection with Imamganj
P.S. Case no. 200 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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