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Patna High Court

Bittu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to conditions, recognizing the strong possibility of false implication.

Summary

The petitioner, Bittu Kumar, was arrested in connection with PS Case No. 779 of 2025, alleged to have assaulted an informant and his family under several sections of the Bihar Negotiable Sale Act (BNS). The petitioner claimed innocence, asserting that the FIR was fabricated by the informant to protect her husband after a dispute arising from an orchestra party that led to the death of the petitioner's brother. He argued that the police failed to investigate properly and that he has a clean antecedent and is a young man of about 22 years. The State opposed the bail application, but the court, noting the possibility of false implication and the circumstances, ordered bail subject to conditions under Section 482(2) of the BNSS, 2023. The bail was set at Rs.10,000 with two sureties, one of whom must be a close relative, and the petitioner must appear as required.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the charges under Sections 115(2), 126(2), 351(2), 352, 109(1), 3(5) of BNS.
  • Whether there is a likelihood of false implication warranting the exercise of the court's inherent powers under Section 482(2) of BNSS, 2023.

Legislation cited

Subjects

  • bail
  • false implication
  • criminal procedure
  • Bihar Negotiable Sale Act
  • Section 482
  • preliminary inquiry
  • injury to informant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28716 of 2026
                     Arising Out of PS. Case No.-779 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Bittu Kumar, S/o Rambalak Mahto, R/o village - Bhawalpur, P.S -
                 Marhowrah, District - Saran.
                                                                     ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   05-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. In the present case, the petitioner is apprehending

                   his arrest in connection with Madhaura (Marhowrah) P.S. Case

                   No.779 of 2025, registered under Sections 115(2), 126(2),

                   351(2), 352, 109(1), 3(5) of BNS.

                                3. As per the prosecution case, the petitioner and co-

                   accused Rikku Kumar knocked the doors of the informant in the

                   night and assaulted the informant with lathi, sword. They also

                   assaulted the brother-in-law and sister-in-law of the informant.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in this

                   case. The FIR is based on completely false and concocted story

                   made up by the informant. The true facts of the case are that in

                   the marriage of sister of the petitioner, an orchestra party had
Patna High Court CR. MISC. No.28716 of 2026(2) dt.05-05-2026
                                            2/3




          been performing and the husband of the informant misbehaved

          with the dancers in the orchestra party, which was opposed by

          the co-accused brother of the petitioner. This enraged the

          husband of the informant and he along with his family members

          dragged the brother of the petitioner namely Rinku Kumar in the

          house where he was stabbed to death. The police was informed

          by calling 112 and upon arrival they did not search the house of

          the informant where the brother of the petitioner was kept. Later

          on his dead body was thrown outside. When the police came to

          know about the death of the brother of the petitioner, they again

          came, but their inaction was opposed by the villagers and,

          thereafter, the SHO in his self statement registered Madhaura

          P.S. Case No. 775 of 2025 against this petitioner and other co-

          villagers. For murder of the deceased Rinku Kumar, Madhaura

          P.S. Case No. 776/2025 has been registered. The present case,

          i.e., Madhaura P.S. Case No. 779 of 2025 has been lodged by

          the informant only to save her husband and other family

          members and in order to create the defence and as a

          counterblast. The learned counsel further submits that prior to

          lodging the case by the police, i.e., Madhaura P.S. Case No.

          775/2025, the petitioner was having clean antecedent. The

          learned counsel further submits that the petitioner is a young

          man aged about 22 years.

                       5. The learned APP vehemently opposes the
           Patna High Court CR. MISC. No.28716 of 2026(2) dt.05-05-2026
                                                       3/3




                     submission made on behalf of the petitioner.

                                  6. Having regard to the fact and circumstances and

                     submission made on behalf of the parties and considering the

                     counter version and strong possibility of false implication, let

                     the petitioner above named in the event of his arrest or surrender

                     before the court concerned within a period of eight weeks from

                     today, be released on bail, on furnishing bail bonds of

                     Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of

                     the like amount each to the satisfaction of learned Chief Judicial

                     Magistrate, Saran at Chapra/court concerned, in connection with

                     Madhaura (Marhowrah) P.S. Case No. 779 of 2025, subject to

                     the condition laid down under Section 482 (2) of the BNSS,

                     2023 and other following conditions:

                                   (i) One of the bailors will be a close relative of

                                   the petitioner.

                                   (ii) The petitioner will remain present on each

                                   and every date fixed by the below, if so required

                                   by the learned trial court.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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