Patna High Court

Bittu KumarversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the petitioners were specifically accused of serious offences and possessed criminal antecedents.

Summary

The petitioners, Bittu Kumar and Pravesh Kumar, sought anticipatory bail after being named in an FIR for allegedly assaulting ASI Manikant Yadav and fleeing with a seized tractor and trailer. The prosecution alleged that the petitioners, along with 25‑30 unknown persons, thrashed the police officer while he was on duty, constituting offences under Sections 191(2), 190, 132, 109(1) and 303(2) of the B.N.S. The petitioners claimed innocence, arguing that the FIR contained only general allegations and no specific overt act against them. The State opposed bail, highlighting the specific accusations, the seriousness of the offences, and the petitioners’ prior criminal records. Considering the specific nature of the accusations, the gravity of the offences and the petitioners’ antecedents, the court rejected the prayer for anticipatory bail.

Issues considered

Whether anticipatory bail can be granted when the accused are specifically named in the FIR for serious offences.
Whether the presence of criminal antecedents precludes the grant of anticipatory bail.
Whether the allegations in the FIR constitute a specific overt act sufficient to deny bail.

Legislation cited

B.N.S. — s. 109(1), 132, 190, 191(2), 303(2)

Subjects

anticipatory bail
criminal antecedent
assault on police officer
theft of tractor
Sections 191,190,132,109,303
Bihar Negotiable Statutes

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2035 of 2026
                   Arising Out of PS. Case No.-246 Year-2025 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
           1.     Bittu Kumar Son of Chunni Yadav R/o Village - Basmatiya, P.S. - Kiul, Dist.
                  - Lakhisarai.
           2.    Pravesh Kumar Son of Shiv Kumar Yadav R/o Village - Basmatiya, P.S. -
                 Kiul, Dist. - Lakhisarai.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Parmanand Pd. Nr. Sahi, Advocate
                 For the State           :        Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 191(2),

                   190, 132, 109(1) and 303(2) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners, along

                   with 25 to 30 unknown persons, thrashed A.S.I. Manikant

                   Yadav, who was sitting on the seized tractor and thereafter, sped

                   away from the place of occurrence with the seized tractor and

                   trailer.

                                4. It is submitted by learned counsel appearing on
             Patna High Court CR. MISC. No.2035 of 2026(2) dt.31-01-2026
                                                         2/2




                       behalf of the petitioners that petitioners are quite innocent and

                       have committed no offence. There are general and omnibus

                       allegations and no specific accusation of overt act has been

                       alleged against these petitioners.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioners and submitted that petitioners are named in the

                       F.I.R. with specific accusation that they, along with other named

                       accused persons and 25 to 30 unknown persons, thrashed A.S.I.

                       Manikant Yadav while he was discharging his official duties and

                       fled away with the seized tractor and trailer and thus, created

                       hindrance in discharge of official duties and assaulted a police

                       personnel. Petitioner No. 1 has got two criminal antecedents and

                       Petitioner No. 2 has got one criminal antecedent.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation, gravity of offence

                       and criminal antecedent of the petitioners, the prayer for grant

                       of anticipatory bail to the petitioners is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-
U      T

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