Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Bittu Kumar was arrested in connection with a murder case (PS Ranitalab Case No. 277 of 2025) alleged under IPC sections 103(1) and 61(2) and Section 27 of the Arms Act. The prosecution’s case is based mainly on the informant’s testimony and confessional statements of co‑accused, which allege that Kumar was driving the bike from which the fatal shot was fired. Kumar contended that he is innocent, that the only evidence against him is the confessional statements, and that he was merely the driver, not the assailant; he also pointed to the bail granted to a similarly situated co‑accused. The State opposed bail, citing his alleged criminal antecedents and the seriousness of the offence. The Court, after considering the circumstances, decided to grant regular bail on a bond of Rs.10,000 with two sureties, directing his release pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges and the reliance on confessional statements.
- Whether the existence of prior criminal antecedents and the alleged role of the petitioner as the shooter preclude bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 103(1), 61(2)
Subjects
- regular bail
- IPC
- Arms Act
- confessional statement
- murder
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3527 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- RANIYATALAB District- Patna
======================================================
Bittu Kumar, S/o- Ram Bhushan Sharma, R/v- Kab, P.S.- Ranitalab District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samrendra Kumar Jha, Advocate
Ms. Pragya Jha, Advocate
For the Informant : Mr. Amresh Kumar Sinha, Advocate
Mr. Saroj Kumar Choudhary, Advocate
For the State : Mr. Renuka Ratnakar (App.125)
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103 (1), 61
(2) of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that while the
informant was about 50 meters away from his father, he heard
the sound of firing and when he went near his father, he found
that his father had received bullet injury and had fallen down.
Thereafter, the informant raised an alarm and saw 3-4 persons
fleeing towards canal. The informant then took his father to
hospital, where he declared dead. It is further alleged that the
deceased used to say that one Anjani Kumar and Pawan Kishore
Patna High Court CR. MISC. No.3527 of 2026(3) dt.25-02-2026
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were hatching a conspiracy to commit his murder.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. It is further submitted that
the petitioner is neither Pawan Kishore nor Anjani Kumar. His
name has surfaced during investigation on the basis of the
confessional statement of one Divyanshu Kumar and the
petitioner has also given his confessional statement. Save and
except the confessional statement of co-accused and of this
petitioner, there is nothing against him. It is also submitted that
from the confessional statement also the role which has been
attributed against this petitioner is that he was driving the
vehicle, he is not the assailant. It is further submitted that
similarly situated co-accused, namely, Kundan Kumar whose
name has surfaced in the confessional statement of Divyanshu
Kumar, has been granted bail by this Court vide Cr. Misc. No.
4868 of 2025. The case of the petitioner stands on similar
footing. Moreover, he is languishing in judicial custody since
18.08.2025.
5. Learned APP appearing for the state and learned
counsel for the informant have vehemently opposed the prayer
of regular bail and have submitted that petitioner is having
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criminal antecedent of two cases. Learned counsel for the
informant has submitted that during course of investigation,
Divyanshu Kumar and this petitioner have given their
confessional statement and in the confessional statement, it has
come that the petitioner was driving the bike on which Mantu
was the pillion driver and he has fired at the deceased.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Ranitalab P.S. Case No. 277 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
JMFC, Danapur.
(Ashok Kumar Pandey, J)
lata/-
U T
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