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Patna High Court

Bittu Kumar Yadav @ Bittu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Bittu Kumar Yadav, was implicated in a police case alleging that he assaulted an informant with an iron rod, causing head and hand injuries. He applied for anticipatory bail, claiming innocence and asserting that the prosecution story was fabricated and retaliatory to a separate case filed under the Prevention of Witch Practices Act. The prosecution opposed bail, relying on the alleged injuries and the offences listed under the Bharatiya Nyaya Sanhita. The court examined the injury report, the petitioner’s clean antecedents, and the nature of the allegations. Finding no compelling reason to deny bail, the court granted anticipatory bail subject to standard conditions, including a bail bond and sureties.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita.
  • Whether the alleged offences and injury report justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Bharatiya Nyaya Sanhita
  • injury report
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5979 of 2026
                    Arising Out of PS. Case No.-352 Year-2025 Thana- MUFFASIL District- Aurangabad
                 ======================================================
                 Bittu Kumar Yadav @ Bittu Kumar S/o Ramesh Yadav R/o vill- Ora, P.S.-
                 Aurangabad Mufassil, Distt.- Aurangabad, BIhar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aman Vishal
                 For the Opposite Party/s :       Mr.Nirmal Kumar Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Aurangabad Mufassil P.S. Case No. 352 of

                   2025 for the offence under Sections 126(2), 115(2), 352, 109(1)

                   and 3(5) of the BNS.

                                3. As per the prosecution story, the informant has

                   alleged that on 12.09.2025 at about 07:00 PM, he had gone to

                   purchase ration. At that time, petitioner-Bittu Kumar Yadav,

                   came from behind the informant and started abusing him. When

                   the informant questioned the reason for such abuse, the

                   petitioner allegedly assaulted him with an iron rod. When the

                   informant attempted to move back and raise his hand to protect

                   himself, the iron rod struck his head and hand, resulting into a
Patna High Court CR. MISC. No.5979 of 2026(2) dt.04-02-2026
                                            2/3




          crack injury on the head and fracture of the hand, causing him to

          fall unconscious.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. It is

          contended that the petitioner has been falsely implicated in the

          present case. No occurrence as alleged has taken place, and the

          entire prosecution story is concocted and fabricated. Learned

          counsel further submits that the present case is a counterblast to

          Aurangabad Mufassil P.S. Case No. 353 of 2025, lodged under

          various provisions of the Bharatiya Nyaya Sanhita, along with

          Sections 3 and 4 of the Prevention of Witch Practices Act,

          instituted by Kavita Devi against the informant and others,

          alleging assault, molestation, and branding her as a dayan

          (witch). It is also submitted that the injury report of the

          informant Manish Singh, which has been brought on record as

          Annexure-2 to the bail application, clearly shows that all the

          injuries sustained are simple in nature. Lastly, it has been stated

          in para 3 of the bail application that the petitioner has clean

          antecedents and no criminal history.

                       5. Learned APP opposes the prayer for bail.

                       6. Keeping in view the aforesaid facts, this Court is

          inclined to extend him the privilege of anticipatory bail.
           Patna High Court CR. MISC. No.5979 of 2026(2) dt.04-02-2026
                                                       3/3




                                  7. Let the petitioner be released on bail in the event of

                     arrest or surrender within a period of four weeks from the date

                     of receipt of this order, on furnishing bail bond of Rs. 10,000/-

                     (Ten thousand) each with two sureties of like amount each to the

                     satisfaction of learned Chief Judicial Magistrate, Aurangabad,

                     in connection with Mufassil P.S. Case No. 352 of 2025 subject

                     to the conditions as laid down under Section 482 of B.N.S.S., as

                     also with the condition that one of the bailors should be close

                     relative of the petitioner.



                                                (S. B. Pd. Singh, J)


Ankit Kumar/-

U      T


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