Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to bond, sureties and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Bittu Kumar, sought anticipatory bail fearing arrest in a criminal case (Marhaura P.S. Case No. 323 of 2025) involving alleged offences under several sections of the B.N.S., 2023 and the Arms Act. The prosecution alleged that the petitioner was part of a group that assaulted an informant’s son and fired shots, with a motorcycle linked to the incident being recovered. The petitioner contended that the FIR was vague, no specific allegation was made against him, and that co‑accused had already been granted anticipatory bail. A confessional statement of another co‑accused implicated different persons, not the petitioner, and the petitioner denied any connection to the recovered motorcycle. The court, after considering the lack of specific incriminating material against the petitioner, granted anticipatory bail subject to a bond, sureties and conditions under Section 482(2) of the B.N.S.S., including a prohibition on committing the alleged offence in the future.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the absence of specific allegations against him.
Legislation cited
- Arms Act — s. 25(a), 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 351(2) r/w 3(5), 352, 74
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- FIR
- general allegations
- co‑accused
- Arms Act
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56134 of 2025
Arising Out of PS. Case No.-323 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Bittu Kumar S/o- Late Satyanarayan Singh Village- Taraiya, P.o P.S - Taraiya,
Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Adv.
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
6 21-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Marhaura P.S. Case No. 323 of 2025 dated 13.05.2025
registered for the offences punishable under Section/s 126(2),
115(2), 109, 74, 352, 351(2) r/w 3(5) of the B.N.S., 2023 along
with Section 25(a), 27 of the Arms Act.
3. As per the prosecution case, on the alleged date of
occurrence, the Informant’s son had gone with Orchestra in the
barat party of one Guddu Prasad. It is further alleged that about
15-20 unknown persons came at the stage and started teasing the
female dancer and when the Informant’s son objected for the
same, the accused persons assaulted him and also fired 2-3 gun
shot, which hit on his left chest.
Patna High Court CR. MISC. No.56134 of 2025(6) dt.21-01-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence much
less as alleged by the prosecution as, from the F.I.R., it would
transpire that the allegations are general and omnibus, while two
persons, namely, Binod Prasad and Rama Shankar Prasad @
Gulten Kumar have already been extended the privilege of
anticipatory bail by the district court itself.
5. It is next submitted that during course of investigation,
on the basis of confessional statement of co-accused Guddu
Prasad, who has categorically stated that Ravan Singh, who is
also a co-accused, is said to have injured the informant’s son,
while with respect to this petitioner, it is only alleged that the
motorcycle bearing Regd. No. BR04AK-7446 has been found
from the place of occurrence. Learned counsel for the petitioner
submits that the petitioner has no concern with the alleged
motorcycle bearing Regd. No. BR04AK-7446, which is said to
be recovered from the place of occurrence.
6. Learned APP for the State opposes the prayer for
anticipatory bail application.
7. Having heard learned counsel for the petitioner and
considering the fact that since the co-accused person, who has
already been taken into custody, has named the co-accused
Patna High Court CR. MISC. No.56134 of 2025(6) dt.21-01-2026
3/3
Ravan to have opened fire, owing to which the injury is said to
have been caused to the Informant’s son and there being nothing
specific against the petitioner, let the petitioner, above named,
be released on anticipatory bail in the event of his arrest or
surrender before the court below within a period of four weeks
from today on furnishing bail bond of Rs. 10,000/- (rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Saran at
Chapra in connection with Marhaura P.S. Case No. 323 of 2025,
subject to the condition as laid down under Section 482(2) of
the B.N.S.S. with a further condition that the petitioner shall
desist from committing the same offence in future, failing which
the State shall be at liberty to take steps for cancellation of his
bail bond.
(Ajit Kumar, J)
rishi/-
U T
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