Patna High Court
Bittu Kumar Yadav @ Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
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
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 352, 482
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
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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
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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
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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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