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Patna High Court

Bittu Kumar Sharma @ Bittu SharmaversusThe State of Bihar

Decided
Disposal
REJECTED

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

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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