Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52087 of 2025 Arising Out of PS. Case No.-24 Year-2024 Thana- Paura District- Khagaria ====================================================== Bittu Kumar Son of Lukho Singh Resident of Village - Lakshminiya, P.S.- Paura, District - Khagaria (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with S.T. No. 88 of 2025 arising out of Paura P.S. Case No. 24 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 103(1), 352, 303(2), 351(2), 351(3) of BNS and Section 27 of the Arms Act.

3. As per prosecution case, petitioner is said to have fired upon informant's husband by means of pistol upon his chest and he succumbed to injury.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence as alleged in the FIR. He further submits that there

Patna High Court CR. MISC. No.52087 of 2025(3) dt.27-11-2025 2/3 are twelve FIR named accused persons and the specific allegation of FIR is against the petitioner and postmortem report is not corroborating the allegation made in FIR. He further submits that charges have been framed against the petitioner on 16.04.2025 and no witness has been examined till date. Petitioner is in custody since 07.10.2024 and delay of trial is not attributable to the petitioner. Petitioner bears no criminal antecedent. Petitioner is quite innocent and has committed no offence a alleged in the FIR.

5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner by submitting that there is specific allegation of firing against the petitioner who is said to have shot the informant's husband on his chest and he succumbed to injury and postmortem report also corroborates that deceased sustained fire arm injury. Hence, petitioner does not deserve bail.

6. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with postmortem report as well as material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner

Patna High Court CR. MISC. No.52087 of 2025(3) dt.27-11-2025 3/3 is hereby rejected.

(Alok Kumar Pandey, J) alok/- U T