Bittu Kumar @ Bitu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27562 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- AKHODHIGOLA District- Rohtas ====================================================== Bittu Kumar @ Bitu Kumar S/o Upendra Singh R/o Village- Jatan Bigha, P.S.- Akorhigola, District- Rohtas, (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Ravish, Advocate For the State :
Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Akorhiogola P.S. Case No. 02 of 2025 dated 01.01.2025, instituted for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109 and 103 of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he along with six other accused persons arrived with lathi, danda, rod at the house of informant and assaulted his wife due to which she succumbed to death. It is further alleged that when the informant, his son and nephew tried to save the wife of informant, then they were also assaulted by accused persons.
4. The assailant of the deceased are namely Jai
Patna High Court CR. MISC. No.27562 of 2025(4) dt.02-09-2025 2/2 Prakash Kumar and Ravi Kumar. The petitioner is not the assailant of the deceased. The petitioner is in custody since 02.01.2025. Learned counsel further submits that similarly situated co-accused has been granted bail vide order dated 20.08.2025 in Cr. Misc. No. 29898 of 2025.
5. In the trial, one witness out of 12 has been examined.
6. Learned counsel for the State and the informant have vehemently opposed the prayer for bail.
7. Considering the period of custody and also the fact that the petitioner is not the assailant of the deceased, this application is allowed.
8. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dehri (Rohtas) in connection with Akorhigola P.S. Case No. 02 of 2025, subject to the condition that the petitioner will co-operate in the trial. (Sandeep Kumar, J) P. Kumar U T