Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45408 of 2025 Arising Out of PS. Case No.-271 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Bittu Kumar Son of Munarik Ray R/O Village - Chaksakra Ward No.- 8, P.S.- Hajipur Sadar, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravish Mishra, Adv For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 394, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that the informant is running a Customer Service Centre (hereinafter referred to as 'CSC') of IDFC First Bank and her husband is a security guard. On the date of the occurrence, she was working at her CSC. Her husband has also returned from his duty and at about 03.55 PM, three miscreants on a red color bike being armed with weapon entered in the CSC. They pointed gun on the informant and started looting the cash from the CSC and when the informant and her son objected, accused persons started firing at them. The
Patna High Court CR. MISC. No.45408 of 2025(4) dt.04-12-2025 2/3 informant also received gunshot injury in his right leg. The husband of the informant received four gunshot injuries in his chest after that he rushed to the doctor where he was declared dead.
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 also submitted that the name of this petitioner has surfaced in the statement of co accused namely, Vikash Kumar. It has also been submitted that nothing has been recovered from the possession of this petitioner and except the confessional statement of Vikash Kumar there is nothing on record against the petitioner. Similarly situated co-accused person has already been granted bail by this Court vide order dated 20.03.2025 passed in Cr. Misc. No. 85631 of 2024 and the case of this petitioner stands on similar footing. It is also submitted that no recovery and no TIP was conducted. Moreover, the petitioner is languishing in judicial custody since 15.01.2025.
5. Learned APP appearing for the state has opposed the prayer of regular bail and submits that the petitioner is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.45408 of 2025(4) dt.04-12-2025 3/3 considering the 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 Hajipur Sadar P.S. Case No. 271 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned trial court.
7. Accordingly, the application stands allowed. (Ashok Kumar Pandey, J) Jyoti/- U T