Patna High Court

Bittu Kumar @ Bittu Ray @ BiruversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court rejected the petition for anticipatory bail, holding that the nature of the accusations did not justify its grant.

Summary

The petitioner, Bittu Kumar, was named in an FIR alleging that he, together with co‑accused, assaulted an informant with an iron pipe and looted construction materials from a site, with some of the stolen items recovered from his house. He filed an application for anticipatory bail, fearing arrest under multiple offences. The offences cited were punishable under Sections 126(2), 115(2), 303(2), 351(3), 317(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. The court examined whether the seriousness of the allegations warranted the grant of anticipatory bail. Considering the nature of the accusations, the court concluded that the petitioner’s request could not be entertained and rejected the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged assault and looting offences.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 303(2), 317(2), 3(5), 351(3)

Subjects

anticipatory bail
assault
theft
criminal procedure
Bihar Narcotic Substances Act
Section 126(2)
Section 115(2)
Section 303(2)
Section 351(3)
Section 317(2)
Section 3(5)

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.86020 of 2025
                            Arising Out of PS. Case No.-184 Year-2025 Thana- MANER District- Patna
                    ======================================================
                    Bittu Kumar @ Bittu Ray @ Biru S/O Lagan Ray Resideent of vill - Hathi
                    Tola ,P.O - Maner ,P.s - Maner ,Dist - Patna , Bihar - 801108
                                                                                  ... ... Petitioner/s
                                                        Versus
              1.     The State of Bihar
              2.     Govind Kumar S/O Awdhesh Singh R/O - Dinabigha, P.O- Beni Bigha, P.S-
                     Bikram, Dist.- Patna, Bihar-801104
                                                                     ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        Mr.Munish Kumar
                    For the Opposite Party/s :        Mr.Aditya Narayan Singh.1
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      07-01-2026                  Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Sections 126(2), 115(2),

                      303(2), 351(3), 317(2) and 3(5) of the B.N.S., 2023.

                                   3. The petitioner is named in the F.I.R. with specific

                      accusation that he along with other co-accused persons assaulted

                      the informant with iron pipe and looted construction materials

                      from the construction site. Looted articles were recovered from

                      the house of petitioner.

                                   4. Considering the nature of accusation, the prayer

                      for anticipatory bail of petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
anay

U        T

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