Patna High Court
Bittu Kumar @ Bittu Kumar Chaudhary @ Bittu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and conditions of regular appearance.
Summary
The petitioner, Bittu Kumar, was charged under Sections 137(2) and 140(3) of the B.N.S. for allegedly aiding in the disposal of the body of a murder victim, the son of an informant. The FIR was lodged four days after the alleged kidnapping, and the petitioner’s name was not initially mentioned; it later appeared in a co‑accused’s confessional statement. The petitioner has been in custody since 4 November 2024, has no prior criminal record, and the charges have been framed with the case pending at the prosecution‑evidence stage. The petitioner’s counsel argued that similar co‑accused, including those facing graver allegations, had already been granted bail by the same court. The State opposed bail, but the court, noting the delay in naming the petitioner, the lack of antecedents, and the precedent of bail to similarly situated accused, ordered bail on a bond of Rs.10,000 with two sureties and conditions of appearance.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offence and the fact that he was not named in the FIR initially.
- Whether the delay in lodging the FIR and the petitioner’s role limited to aiding disposal of the body justify bail.
- Whether the grant of bail to other co‑accused with similar or more serious allegations mandates similar relief for the petitioner.
Legislation cited
- B.N.S. — s. 137(2), 140(3)
Subjects
- bail
- murder
- FIR delay
- aiding disposal of body
- criminal procedure
- Sections 137(2) B.N.S.
- Sections 140(3) B.N.S.
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68642 of 2025
Arising Out of PS. Case No.-80 Year-2024 Thana- Tetiyabumber District- Munger
======================================================
Bittu Kumar @ Bittu Kumar Chaudhary @ Bittu Chaudhary S/O Late Ajay
Chaudhary R/O Village- Dharampur, P.S.- Shambhuganj, Dist.- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Suruchi Anand
Ms. Nidhi Anand
For the Opposite Party/s : Mr. Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 137(2) and 140(3) of the
B.N.S.
3. Petitioner along with other accused persons are said
to have committed murder of the son of the informant.
4. Learned counsel for the petitioner has submitted
that the present FIR was lodged after a delay of 4 days with
regard to kidnapping of the son of the informant against some
accused persons, however, the petitioner was not named in the
First Information Report. The name of the petitioner transpired
subsequently during the course of investigation in the
confessional statement of co-accused Nisha Devi who has made
Patna High Court CR. MISC. No.68642 of 2025(3) dt.26-02-2026
2/3
specific allegation of firing on co-accused Manoj Kumar @
Munna who has already been granted bail by a coordinate
Bench of this Court vide order dated 07.10.2025 passed in Cr.
Misc. No. 55250 of 2025. The allegation against the petitioner,
however, remains confined to aiding in causing
disappearance/disposing the dead body of the victim. It has been
submitted that other similarly situated co-accused persons have
also been granted bail by different Benches of this Court vide
orders dated 25.11.2025 and 03.09.2025passed in Cr. Misc. No.
61115 of 2025 and Cr. Misc. No. 29052 of 2025. Further, the
petitioner is in custody since 04.11.2024 with no criminal
antecedent and it would appear from the bail rejection order
itself that after commitment, charges have also been framed in
this case and the same is pending at the stage of prosecution
evidence.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the petitioner
was not named in the FIR and other similarly situated co-
accused persons and also persons with graver allegations have
been granted bail, let the above named petitioner, be enlarged on
Patna High Court CR. MISC. No.68642 of 2025(3) dt.26-02-2026
3/3
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection with Teliya Bamber P.S.
Case No. 80 of 2024, subject to the conditions that the petitioner
shall appear on each and every date till conclusion of trial and if
the petitioner does not appear on two consecutive dates without
any substantial and satisfactory reason, the learned court below
would be at liberty to cancel his bail bonds.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.