Patna High Court
Kittu Kumar @ Bittu Kumar @ Shantanu Kumar @ Shantanu @ DeepakversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the petitioner.
Summary
The petitioner, Kittu Kumar, was arrested in connection with a case registered under Section 103(1) of the B.N.S. and Section 27 of the Arms Act for the alleged killing of a deceased person. He contended that he was falsely implicated, relying on a self‑inculpatory statement of a co‑accused, and highlighted his seven prior criminal records and his custody since 26‑09‑2025. The petitioner applied for regular bail, undertaking to cooperate with the trial, while the State opposed the bail on grounds of the seriousness of the offences. The Patna High Court, after hearing both sides, considered the gravity of the charges and the petitioner’s antecedents and decided not to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under Section 103(1) of the B.N.S. and Section 27 of the Arms Act
- Whether the petitioner’s claim of false implication and the co‑accused’s self‑inculpatory statement merit bail
- Whether the petitioner’s seven prior criminal antecedents justify denial of bail
Legislation cited
Subjects
- bail
- criminal procedure
- false implication
- Arms Act
- Section 103
- antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41287 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- BARHIYA District- Lakhisarai
======================================================
Kittu Kumar @ Bittu Kumar @ Shantanu Kumar @ Shantanu @ Deepak S/o
Arvind Prasad Singh @ Arvind Kumar Singh @ Arvind Singh R/o - Prayag
Tola, Barhiya, Ward No. 18, P.S - Barhiya, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Shankar Roy, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Barahiya P.S. Case No. 172/2025 registered for the offences
punishable under Section 103(1) of B.N.S. and Section 27 of
Arms Act.
3. As per the prosecution case, unknown criminals
had killed the deceased.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. The name of
the petitioner has come in the self-inculpatory statement of the
co-accused. Learned counsel further submits that he has seven
criminal antecedents and he is in custody since 26.09.2025. The
Patna High Court CR. MISC. No.41287 of 2026(2) dt.08-07-2026
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petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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