Patna High Court

Bittu KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The court held that improper identification, lack of incriminating material, clean antecedent and prolonged custody warrant the grant of regular bail.

Summary

The petitioner, Bittu Kumar, applied for regular bail in a case registered under Sections 310(2) and 111(2) of the B.N.S. He claimed innocence, alleging that his name was added to the FIR only on the basis of a co‑accused's confessional statement and that he was never subjected to a proper identification parade. The petitioner had been in custody since 1 October 2025, had a clean antecedent, and no incriminating material was recovered from him. The State opposed bail, relying on the informant’s identification of the petitioner from a photograph. The Court examined the improper identification, the absence of material evidence, the petitioner’s clean record and the length of custody, and concluded that bail should be granted. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs 20,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under Sections 310(2) and 111(2) of the B.N.S.
Whether the identification of the petitioner based on a photograph constitutes a valid basis to deny bail
Whether the petitioner’s clean antecedent and prolonged pre‑trial custody justify the grant of bail

Legislation cited

B.N.S. — s. 111(2), 310(2)

Subjects

regular bail
identification parade
false implication
clean antecedent
pre‑trial detention
Sections 310(2)
Sections 111(2)
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90262 of 2025
                       Arising Out of PS. Case No.-271 Year-2025 Thana- SALIMPUR District- Patna
                 ======================================================
                 Bittu Kumar, S/o Upendra Ray, Resident of village- Naya Tola Bariyarpur
                 (Ram Pratap Ray Ke Tola- Bakhtiyarpur), P.S. Bakhtiyarpur, District- Patna,
                 Bihar 803212.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shekhar Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                   1. Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Salimpur P. S. Case No. 271 of 2025, registered for the offences

                   punishable under Sections 310(2) and 111(2) of the B.N.S.

                                3. The main submissions advanced by the petitioner's

                   counsel are that the petitioner is innocent and he has falsely been

                   implicated in this case on account of suspicion due to village

                   politics, the petitioner is not named in the FIR, the name of the

                   petitioner has come into light during the course of investigation

                   merely on the basis of confessional statement of co-accused Satish

                   Kumar, the petitioner has not been put on test identification

                   parade. It is further submitted that the petitioner has been

                   languishing in custody since 01.10.2025 having fair and clean

                   antecedent.
              Patna High Court CR. MISC. No.90262 of 2025(2) dt.13-01-2026
                                                          2/2




                                     4. Learned APP appearing for the State has opposed the

                        bail prayer of the petitioner.

                                     5.   Considering the aforesaid submissions,        the

                        averments made in this application, mainly the facts that the

                        FIR has been registered against unknown and as per the

                        prosecution the informant claimed to have identified this

                        petitioner as being involved in the alleged crime of loot mainly

                        on the basis of having seen a photograph of the petitioner but

                        the said procedure of identification was not proper coupled with

                        petitioner's fair and clean antecedent, his custody period and

                        also failure of the police to recover any incriminating material

                        from the petitioner after he was taken into custody in the present

                        matter, this court is inclined to release him on bail. Accordingly,

                        let the petitioner named-above be enlarged on bail in connection

                        with Salimpur P. S. Case No. 271 of 2025 on furnishing bail

                        bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                        sureties of the like amount each to the satisfaction of the Court

                        concerned.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T

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