Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioners under Section 482, subject to bond and surety conditions.
Summary
The petitioners, Bittu Kumar, Vicky Kumar and Deepak Kumar, were named in an FIR for alleged assault, robbery and related offences under several sections of the Bhartiya Nyaya Sanhita. They applied for bail, fearing arrest, contending that the allegations were vague, the injuries were minor and the incident was a trivial school‑yard dispute. The State opposed the bail, maintaining that the petitioners were part of a group that assaulted the informant’s brother, stole Rs. 6,000 and jewelry, and thus posed a flight or tampering risk. The Court examined the specificity of the charges, the seriousness of the alleged offences, and the discretion vested in the court under Section 482 of the Bhartiya Nagrik Suraksha Sanhita. It ordered that the petitioners be released on bail, provided they surrender within eight weeks, each furnishing a bail bond of Rs. 10,000 with two sureties of equal amount, subject to the conditions of Section 482.
Issues considered
- Whether bail can be granted to the petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita despite the serious nature of the alleged offences.
- Whether the allegations in the FIR are sufficiently specific to deny bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or committing further offences.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 117(2), 126(2), 190, 191(2), 303(2), 351(2), 351(3), 352
Subjects
- bail
- Section 482
- criminal procedure
- assault
- robbery
- false implication
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29419 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- KHUSRUPUR District- Patna
======================================================
1. Bittu Kumar S/o- Mahadev Ray Village- Khirodarpur PS-Khushrupur Dist-
Patna
2. Vicky Kumar S/lo- Mithelesh Singh @ Mittu Singh Village- Ishopur PS-
Khushrupur Dist- Patna
3. Deepak Kumar S/o- Hind Singh @ Gangasagar Singh Village- Ishopur PS-
Khushrupur Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar
For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 01-07-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 191(2), 190, 126(2),
117(2), 109, 303(2), 352, 351(2), 351(3) of the Bhartiya Nyaya
Sanhita.
3. The prosecution case, in brief, is that on 26.08.2025
at around 09:00 AM, all the F.I.R. named accused persons
including these petitioners and five unknown persons
surrounded younger brother of informant & his friend and
thereafter, assaulted them and also snatched Rs. 6,000/- from the
pocket and a gold chain from informant’s brother and also
snatched a gold locket from his friend, Ujjwal Kumar.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.29419 of 2026(3) dt.01-07-2026
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petitioners are innocent and have been falsely implicated in this
case. Allegation of assault is general & omnibus and no specific
overt act has been alleged against these petitioners. Injuries are
simple in nature. Rest of the allegation is ornamental only with a
view to make the case grave. As a matter of fact, petitioners and
brother of informant are students of same school and due to
dispute over place of sitting, simple maarpeet took place
between them.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, Patna city, Patna in
connection with Khushrupur P.S. Case No. 316/2025, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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