Patna High Court

Bittu KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner, Bittu Kumar, in the present case.

Summary

Bittu Kumar was arrested in connection with a theft case (Chapra Muffasil P.S. Case No. 65 of 2025) alleged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated, not named in the FIR, and that no stolen articles or incriminating material were recovered from his possession. He had been in custody since 15‑04‑2025 and had two prior criminal antecedents for which he was out on bail. The State opposed the bail application, arguing the seriousness of the offence. The Court, noting the lack of material evidence, the prolonged custody, and that a co‑accused had been granted bail in a similar case, decided to grant bail. The petitioner was released on a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the facts of the case.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 309(4)

Subjects

bail
theft
Section 309(4)
suspicion
criminal antecedents
Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7834 of 2026
                   Arising Out of PS. Case No.-65 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Bittu Kumar Son of Late Sharma Ray Resident of Village- Yamuna
                 Mushehari, P.S.- Chapra Muffasil, District- Saran (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gajendra Nath Ojha, Advocate
                 For the Opposite Party/s :      Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Chapra

                   Muffasil P.S. Case No. 65 of 2025, instituted for the offences

                   punishable under Section 309(4) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The prosecution case, in short, is that four unknown

                   persons snatched mobile phones and Rs. 33,336/- from the

                   informant and one Aditya Bharti.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case and

                   charge has already been framed against the petitioner. No
Patna High Court CR. MISC. No.7834 of 2026(2) dt.19-02-2026
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          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner is not named in the FIR rather

          he has been remanded in this case from Chapra Muffasil P.S.

          Case No. 100 of 2025. It is next submitted that no any looted

          article has been recovered from the possession of the petitioner.

          The petitioner has been implicated only on the basis of

          suspicion. The petitioner is in custody since 15.04.2025 and has

          got two criminal antecedents in which he is on bail. Learned

          counsel for the petitioner further submitted that other co-

          accused has been granted regular bail by a Co-ordinate Bench of

          this Court vide order dated 10.12.2025 passed in Cr. Misc. No.

          61852 of 2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
             Patna High Court CR. MISC. No.7834 of 2026(2) dt.19-02-2026
                                                         3/3




                       below/concerned Court in connection with Chapra Muffasil P.S.

                       Case No. 65 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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