Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner subject to the conditions stipulated under Section 480(3) of the B.N.S.S. and the usual bail conditions.
Summary
Bittu Kumar was arrested in connection with a case registered under Section 109 read with Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act for allegedly firing at the son of an informant, causing chest injury. The petitioner claimed he was falsely implicated, had a clean antecedent, and that the chargesheet had already been filed, having been in custody since 10 June 2025. The State opposed bail, asserting a specific allegation of the shooting. The High Court, after considering the petitioner’s clean record, the period of custody, and the filing of the chargesheet, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions under Section 480(3) of the B.N.S.S. and other standard bail conditions. The bail order was conditioned on the presence of the petitioner at court dates and the risk of cancellation upon non‑compliance.
Issues considered
- Whether bail should be granted to the accused under Sections 109/3(5) of the B.N.S., 2023 and Section 27 of the Arms Act considering his clean antecedent and custody period.
- Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable to this bail application.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 3(5)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- criminal procedure
- clean antecedent
- chargesheet
- Section 109 B.N.S.
- Section 27 Arms Act
- Section 480(3) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70303 of 2025
Arising Out of PS. Case No.-200 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Bittu Kumar S/o Kumod Ray @ Kumod Kumar Ray, R/o Village- Rahimpur
Rudoili, P.S.- Muffasil, Dist.- Samastipur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Muffasil P.S. Case No. 200 of 2025 dated
12.05.2025, registered for the offences punishable under Section
109 read with Section 3(5) of the B.N.S., 2023 and Section 27
of the Arms Act.
3. As per the prosecution case, over some minor
dispute, the petitioner fired upon the son of the informant, who
received the injury in his chest and fell down. The petitioner and
other co-accused persons fled away leaving behind the
motorcycle of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
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the present case. No occurrence in the manner as alleged has
ever taken place. Learned counsel next submits that petitioner is
having clean antecedent and chargesheet has been submitted.
Learned counsel lastly submits that petitioner is in custody since
10.06.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that there is specific allegation against this petitioner
that he fired upon the son of the informant and the son of the
informant received injury on his chest.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
clean antecedent of the petitioner, his period of custody and
submission of chargesheet, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-II, Samastipur / concerned Court, in
connection with Muffasil P.S. Case No. 200 of 2025, subject to
the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
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petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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