Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted and the application was dismissed.
Summary
The petitioners, Bittu Kumar and Harsh Kumar, were implicated in Patliputra Police Station Case No. 267 of 2025 for alleged offences under Sections 126(2), 115(2), 117(2), 109 and 3(5) of the B.N.S., 2023 together with Section 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleges that, while intoxicated, the petitioners fatally attacked an informant and injured his two sons. The petitioners sought anticipatory bail, asserting their innocence and clean antecedents. The State opposed the bail on the ground of the seriousness of the allegations. Justice Sandeep Kumar, after hearing both sides, declined to grant anticipatory bail, dismissed the application, and directed the petitioners to surrender within two weeks if they wish to apply for regular bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners given the seriousness of the alleged offences
- Whether the petitioners pose a risk of fleeing or tampering with evidence
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 37
- B.N.S., 2023 — s. 109, 115(2), 117(2), 126(2), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- serious offences
- alcohol influence
- bail jurisprudence
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38278 of 2026
Arising Out of PS. Case No.-267 Year-2025 Thana- PATLIPUTRA District- Patna
======================================================
1. Bittu Kumar S/O Sri Ashok Yadav @ AShok Gop R/O Mohalla- Indira
Nagar, Makhaniya Gali, Rajapur Mainpura, P.S.- Pataliputra, Distt.- Patna,
Bihar.
2. Harsh Kumar S/O Sri Ashok Yadav @ Ashok Gop R/O Mohalla- Indira
Nagar, Makhaniya Gali, Rajapur Mainpura, P.S.- Pataliputra, Distt.- Patna,
Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Ranjan, Adv.
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Patliputra P.S. Case No. 267 of 2025 registered for offences
under Sections 126(2), 115(2), 117(2), 109 & 3(5) of the B.N.S.,
2023 read with Section 37 of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per the prosecution case, the petitioners under
the influence of alcohol, fatally attacked the informant and his
two sons, causing injuries.
4. Learned counsel for the petitioners submit that
petitioners are quite innocent and have not committed any
Patna High Court CR. MISC. No.38278 of 2026(2) dt.17-06-2026
2/2
offence. The petitioners claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the seriousness of the allegations
levelled against the petitioners, I am not inclined to grant
anticipatory bail to the petitioner.
7. Accordingly, this application is dismissed.
8. However, the petitioner may surrender before the
court below within a period of two weeks from today and pray
for regular bail, if so advised.
9. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.