Patna High Court
Bittu Kumar @ Bittu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release on bail.
Summary
The petitioner, Bittu Kumar, was charged under several sections of the BNS for allegedly assaulting an informant during a land dispute. He claimed the allegations were general and omnibus, asserting that any injury caused was accidental and in self‑defence, and highlighted his clean criminal record. The State opposed his request for pre‑arrest bail. The Court examined the prima facie case, noting the dispute between agnates and the lack of specific assault allegations, and concluded that the petitioner was entitled to bail. Accordingly, the Court ordered his release on pre‑arrest bail upon furnishing a bail bond and sureties, subject to verification of his antecedents and conditions under Section 482(2) of the BNSS, and directed the district court to facilitate mediation as per Naushey Ali judgment.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the charges under Sections 126(2), 115(2), 191(2), 191(3), 190, 109(1) and 352 of the BNS.
- Whether the allegations constitute a prima facie case justifying denial of bail.
- Whether the provisions of Section 482(2) of the BNSS apply to the bail order.
Legislation cited
Subjects
- pre‑arrest bail
- self‑defence
- land dispute
- criminal antecedent
- mediation
- BNS offences
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87642 of 2025
Arising Out of PS. Case No.-127 Year-2025 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Bittu Kumar @ Bittu Sah (M) Age 31 years, S/O Dinesh Saw @ Dinesh Sah,
R/O Village- Cheriyabariyarpur, ward no.- 8, P.S-Cheriyabariyarpur, Distt.-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Randhir Kumar No 1, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Randhir Kumar No 1, learned counsel
appearing on behalf of the petitioner and Mr. Arun Kumar
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Cheriyabariyarpur P.S. Case No. 127 of 2025 registered for
the offence punishable under Sections 126(2), 115(2), 191(2),
191(3), 190, 109(1) and 352 of the BNS.
3. As per the allegation made in the FIR, while the
informant was going towards Kaliasthan, the petitioner along
with other co-accused persons, had stopped him and started
abusing and when the informant protested the same, they had
assaulted the informant causing injury on his head.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.87642 of 2025(2) dt.28-01-2026
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petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. General and omnibus
allegation has been levelled against the petitioner. Both the
parties, who are agnates, were involved in dispute with respect
to a piece of land, due to which, an altercation took place and
both the sides entered into fierce fight and in the self-defence,
petitioner side may have caused some injury to the person of the
informant, without intention. There is case and counter case
between the parties. Injury sustained by the informant has been
opined by the doctor to be grievous in nature, however, in
absence of any specific allegation of assault and petitioner
having clean antecedent, seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that general and omnibus
allegation has been levelled against the petitioner. Both the
parties, who are agnates, were involved in dispute with respect
to a piece of land, due to which, an altercation took place and
both the sides entered into fierce fight and in the self-defence,
petitioner side may have caused some injury to the person of the
informant, without intention. There is case and counter case
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between the parties. Petitioner has clean antecedent. I am of the
opinion that petitioner has, prima facie, made out a case to be
released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending, in connection with Cheriyabariyarpur P.S. Case
No. 127 of 2025, subject to the condition as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
9. It is, however, open to the respective parties to
settle their dispute outside the Court amicably in light of the law
laid down by the Apex Court in the case of Naushey Ali & Ors.
Vs. State of Uttar Pradesh & Anr. reported in (2025) 4 SCC 78.
10. If the parties desire to resolve the dispute outside
the Court amicably by way of mediation, learned District Court
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is directed to take necessary steps to issue notices to the
respective parties and upon their appearance, refer the matter
before the learned Mediator of the District Mediation Center by
fixing a date for appearance of the parties to give effect to
Mediation 2.0.
11. Accordingly, the present bail application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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