Patna High Court

Bittu KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Bittu Kumar, sought anticipatory bail fearing arrest in a case (Lakhisarai PS Case No. 898 of 2021) involving alleged offences under Sections 341, 323, 307, 379, 509 and 34 of the Indian Penal Code. The prosecution alleged that the petitioner and others looted and assaulted an informant. The petitioner claimed innocence, no possession of stolen property, and no prior criminal record. The State opposed the bail application. The Court, after considering the seriousness of the allegations, declined to grant anticipatory bail and dismissed the application.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the IPC.

Legislation cited

Indian Penal Code — s. 307, 323, 34, 341, 379, 509

Subjects

anticipatory bail
Indian Penal Code
criminal procedure
false implication
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88473 of 2025
                   Arising Out of PS. Case No.-898 Year-2021 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Bittu Kumar Son of Ram Pukar @ Ram Pukar Yadav Resident of Village -
                 Gachi Bishanpur, PS and District - Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Binit Kumar, Advocate
                 For the Opposite Party/s :       Mr.Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Lakhisarai P.S. Case No. 898 of 2021 instituted under

                   Sections 341, 323, 307, 379, 509/34 of the I.P.C.

                                3. As per the prosecution case, petitioner and others

                   committed loot and assaulted the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. It is further submitted that nothing has been recovered

                   from the conscious possession of the petitioner. Petitioner has

                   no criminal antecedent.

                                5. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
              Patna High Court CR. MISC. No.88473 of 2025(2) dt.15-01-2026
                                                          2/2




                                      6. Considering the allegations levelled against the

                        petitioner, I am not inclined to grant anticipatory bail to the

                        petitioner.

                                      7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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