Patna High Court
Bittu Kumar @ Bittu RavidasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond and sureties under Sections 438(2) and 482(2) of the BNSS.
Summary
The petitioner, Bittu Kumar, was named as one of 19 accused in a case arising from a road accident where a mob allegedly pelted stones at police, causing injuries and vehicle damage. Identification of the petitioner was based solely on the testimony of a local watchman, and the FIR indicates that many participants fled, casting doubt on the reliability of the identification. The petitioner, who has no prior criminal record, applied for anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The State opposed the bail, citing the seriousness of the offences listed in the FIR. The Court, after considering the doubtful identification and lack of serious injury to the police, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Sections 438(2) and 482(2) of the BNSS. The order directs the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the offences and the basis of his identification.
- Whether the identification by a local watchman is sufficient to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 438(2), 482(2)
Subjects
- anticipatory bail
- identification
- mob violence
- police assault
- BNSS
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25570 of 2026
Arising Out of PS. Case No.-355 Year-2025 Thana- PUNPUN District- Patna
======================================================
Bittu Kumar @ Bittu Ravidas, S/O Ramdeep Ravidas, R/O Village- Pothahi,
P.S.- Punpun, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Sinha, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
127(2), 115(2), 109(1), 191(2), 132, 121(1), 324(4) and 3(5) of
the B.N.S.
3. The allegation in the First Information Report is
that a person died in a road accident, when police team reached
to place of occurrence, accused persons started pelting stones on
police personnel causing injury to them and damaged their
vehicles.
4. Learned counsel for the petitioner submits that
the petitioner has been made accused in the present case upon
identification made by the local chaukidar as he being one of the
Patna High Court CR. MISC. No.25570 of 2026(2) dt.30-04-2026
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19 persons amongst the mob who indulged in brick
batting on the police personnel as the death of a person
had taken place who was a relative of the some of the
members of the said mob. It also appears from the first
information report that about 30 unknown persons fled away
from the scene of occurrence taking advantage of the darkness
which indicates that the identification of the petitioner as a
member of the mob is also doubtful. Further, petitioner has no
criminal antecedent.
5. Learned APP for the State opposed the prayer
for anticipatory bail.
6. Taking into consideration the facts and
circumstances of the case and further considering that the
petitioner has been made an accused along with 18 other
named accused and 30 unknown accused persons on the
basis of being identified by the local chaukidar and the
bail rejection order does not indicate any serious injury
to the injured persons, let the above named petitioner, be
released on bail, in the event of his arrest or surrender
before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.25570 of 2026(2) dt.30-04-2026
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amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Punpun P.S. Case No. 355 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
khushbu/-
U T
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