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Patna High Court

Sittu Kumar @ Sittu YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

The petitioner, Sittu Kumar, applied for anticipatory bail after being named in FIR No.365 of 2024 for alleged indiscriminate firing that resulted in the death of an informant’s father. The prosecution alleges that Kumar, along with twelve co‑accused, fired upon the victim under sections 190, 191(2), 191(3), 103(1), 61(2) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act. The petitioner contended he was innocent, not an eye‑witness, and was implicated only on suspicion. The State opposed bail, emphasizing the specific accusations in the FIR and the petitioner’s five prior criminal antecedents. Considering the direct allegations and the antecedents, the Court refused the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the specific accusations under the Bharatiya Nyaya Sanhita and the Arms Act and his prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • bail refusal
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • criminal antecedents
  • murder
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30269 of 2026
                   Arising Out of PS. Case No.-365 Year-2024 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Sittu Kumar @ Sittu Yadav S/O Bhutti Yadav @ Kamleshwari Yadav R/O
                 Village- Tilakpur, P.S.- Sultanganj, Dist.- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Parmanand Pd. Nr. Sahi, Advocate
                 For the Opposite Party/s :      Mr. Bharat Lal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   12-05-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Sultanganj P. S.

                   Case No. 365 of 2024 registered for the offences punishable

                   under Sections 190, 191(2), 191(3), 103(1), 61(2) of the

                   Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                                3. As per prosecution case, petitioner and 12 other co-

                   accused persons surrounded father of the informant and resorted

                   to indiscriminate firing upon him. Father of the informant

                   received two gun shot wounds and fell down. The miscreants

                   also fired upon the informant who somehow saved himself but

                   father of the informant died due to gun shot wounds.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Informant

                   is not an eye witness to the occurrence and petitioner has been
              Patna High Court CR. MISC. No.30269 of 2026(2) dt.12-05-2026
                                                          2/2




                        made accused in this case only on suspicion.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that petitioner is named in the

                        F.I.R. with specific accusation that he along with other accused

                        persons made indiscriminate firing upon the father of informant,

                        resulting in his death and petitioner has got five criminal

                        antecedents.

                                     6. Considering the direct and specific accusation and

                        criminal antecedents, prayer for anticipatory bail of the

                        petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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