Patna High Court
Bittu Kumar Sharma @ Bittu SharmaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Bittu Kumar Sharma, was arrested on 11 July 2025 in connection with a case alleging that he and others assaulted the mother of an informant, leading to her death. He applied for bail before the Patna High Court, claiming a clean record and that the FIR was fabricated. The prosecution opposed bail, citing specific allegations in the FIR and a post‑mortem report supporting the charge of homicide. The court examined the seriousness of the allegations, the medical evidence, and the lack of any indication that the petitioner was falsely implicated. Concluding that the nature of the accusation warranted continued custody, the court refused the bail application. Consequently, the petitioner remains in custody pending trial.
Issues considered
- Whether the petitioner is entitled to bail in a case involving alleged murder and assault under the BNS, 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 109, 115(2), 117(2), 126(2), 329(4), 3(5), 351(2), 352
Subjects
- bail
- murder
- assault
- false FIR
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82412 of 2025
Arising Out of PS. Case No.-55 Year-2025 Thana- JAIPUR District- Banka
======================================================
Bittu Kumar Sharma @ Bittu Sharma Son of Jagat Narayan Sharma Resident
of Village- Teliyadih, (Taliadih), P.S.- Jaipur, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 10-04-2026 Heard Mr. Dhananjay Kumar Pandey, learned
counsel for the petitioner and Ms. Nirmala Kumari, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.07.2025 in connection with Jaipur P.S. Case No. 55 of 2025,
F.I.R. dated 11.07.2025 for the offences punishable under
Sections 126(2), 115(2), 117(2), 109, 103, 329(4), 352, 351(2)
and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner armed with deadly weapons
assaulted the informant's mother resulting into her death.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.82412 of 2025(4) dt.10-04-2026
2/2
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. As per the allegation, the
petitioner has assaulted to the mother of the informant and
during the course of treatment she died.
5. The learned Additional Public Prosecutor on the
material available on record as well as case diary has
vehemently opposed the prayer for bail of the petitioner and
submits that there is direct and specific allegation against the
petitioner in the FIR and the medical report (postmortem report)
fully supports the allegation as alleged in the FIR.
6. Considering the nature of allegation as alleged in
the FIR supported by the medical evidence, I am not inclined to
enlarge the petitioner on bail in connection with Jaipur P.S. Case
No. 55 of 2025 pending in the court of learned Judicial
Magistrate 1st Class, Banka
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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