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Patna High CourtCR. MISC./3527/2026allowed

Bittu Kumar v. The State Of Bihar

2026-02-25Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3527 of 2026 Arising Out of PS. Case No.-277 Year-2025 Thana- RANIYATALAB District- Patna ====================================================== Bittu Kumar, S/o- Ram Bhushan Sharma, R/v- Kab, P.S.- Ranitalab DistrictPatna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samrendra Kumar Jha, Advocate Ms. Pragya Jha, Advocate For the Informant :

Mr. Amresh Kumar Sinha, Advocate Mr. Saroj Kumar Choudhary, Advocate For the State :

Mr. Renuka Ratnakar (App.125) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 103 (1), 61

(2) of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that while the informant was about 50 meters away from his father, he heard the sound of firing and when he went near his father, he found that his father had received bullet injury and had fallen down. Thereafter, the informant raised an alarm and saw 3-4 persons fleeing towards canal. The informant then took his father to hospital, where he declared dead. It is further alleged that the deceased used to say that one Anjani Kumar and Pawan Kishore

Patna High Court CR. MISC. No.3527 of 2026(3) dt.25-02-2026 2/3 were hatching a conspiracy to commit his murder.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the petitioner is neither Pawan Kishore nor Anjani Kumar. His name has surfaced during investigation on the basis of the confessional statement of one Divyanshu Kumar and the petitioner has also given his confessional statement. Save and except the confessional statement of co-accused and of this petitioner, there is nothing against him. It is also submitted that from the confessional statement also the role which has been attributed against this petitioner is that he was driving the vehicle, he is not the assailant. It is further submitted that similarly situated co-accused, namely, Kundan Kumar whose name has surfaced in the confessional statement of Divyanshu Kumar, has been granted bail by this Court vide Cr. Misc. No. 4868 of 2025. The case of the petitioner stands on similar footing. Moreover, he is languishing in judicial custody since 18.08.2025.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and have submitted that petitioner is having

Patna High Court CR. MISC. No.3527 of 2026(3) dt.25-02-2026 3/3 criminal antecedent of two cases. Learned counsel for the informant has submitted that during course of investigation, Divyanshu Kumar and this petitioner have given their confessional statement and in the confessional statement, it has come that the petitioner was driving the bike on which Mantu was the pillion driver and he has fired at the deceased.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ranitalab P.S. Case No. 277 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Danapur.

(Ashok Kumar Pandey, J) lata/- U T