Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court grants anticipatory bail to the petitioner, Bittu Kumar, subject to conditions under Section 482(2) of the BNSS.
Summary
Bittu Kumar, a 23‑year‑old resident of Samastipur, sought anticipatory bail fearing arrest in a case (PS No. 116 of 2025) alleging his participation in a mob assault that injured an informant. The prosecution alleged that the mob, including co‑accused Saurav Kumar Singh and Sonu Kumar Singh, attempted to kill the informant with a pistol and assaulted him with various weapons. The petitioner contended he was falsely implicated due to village politics, had no specific allegation of assault against him, and possessed a clean antecedent, citing that a similarly situated co‑accused had been granted anticipatory bail in a related matter. The State opposed the bail. The Court observed the lack of a specific charge against the petitioner, his clean record, and the precedent of bail to a co‑accused, and therefore granted anticipatory bail subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations and his clean antecedent.
Legislation cited
- BNS — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2)(3), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- mob assault
- false implication
- clean antecedent
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29676 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Bittu Kumar, aged about 23 years, Male, Son of Jay Prakash Singh, Resident
of Village - Ananadgolwa @ Anand Golava, Harail, P.S.- Mohiuddin Nagar,
District – Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Shadab Alam Wazdi, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Mohiuddinnagar P.S. Case No. 116 of 2025 instituted for
the offences punishable under Sections 126(2), 115(2), 118(1),
303(2), 109(1), 352, 351 (2)(3) and 3(5) of the BNS.
3. The case of the prosecution, in short is that when
the informant was returning to his house on motorcycle with
Chandan Kumar after watching Orchestra, in the way 9-10
miscreants including the petitioner surrounded the informant
and on the order of co-accused Saurav Kumar Singh, co-accused
Sonu Kumar Singh with an intention to kill, placed pistol upon
him and pulled tigger, but it could not fire. Thereafter, he
assaulted with butt of pistol on the head of informant and in
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course of it, other co-accused persons also attacked with Farsa,
Sword and Tangari causing injury. The villagers came there who
carried the informant to Mohiuddinagar Government Hospital,
where doctor seeing the serious condition referred to P.M.C.H.
Patna for treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and has
falsely been implicated in this case due to dirty village politics.
He further submits that the allegations are general and omnibus.
He next submits that there is old enmity between the parties. He
lastly submits that similarly situated co-accused person namely
Vishal Mahto @ Vishal Kumar @ Chetan @ Chentan has been
granted anticipatory bail by a Co-ordinate Bench of this Court in
Cr. Misc. No. 21309 of 2026 vide order dated 08.04.2026.
Petitioner has got clean antecedent as stated in para 3 of the
petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. From perusal of the FIR and the impugned order of
the learned Principal District and Sessions Judge, Samastipur
dated 17.03.2026, it appears that there is no specific allegation
of assault has been levelled against the petitioner and he is
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alleged to be a member of the mob and similarly situated co-
accused person namely Vishal Mahto @ Vishal Kumar @
Chetan @ Chentan has been granted anticipatory bail by a Co-
ordinate Bench of this Court in Cr. Misc. No. 21309 of 2026
vide order dated 08.04.2026 and also the fact that the petitioner
has no criminal antecedent, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Accordingly, let the petitioner above named in the
event of his arrest or surrender before the trial Court within six
weeks from today, be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
S.D.J.M., Shahpur Patori, Samastipur / concerned Court in
connection with Mohiuddinnagar P.S. Case No. 116 of 2025,
subject to the conditions laid down in Section 482(2) of the
BNSS, subject to the conditions:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned trial Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the trial
Court shall take steps for cancellation of his bail bonds of the
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petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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