Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55759 of 2025 Arising Out of PS. Case No.-392 Year-2025 Thana- BIHTA District- Patna ====================================================== 1.
Bittu Kumar S/O Baliram Shah R/o Village- Dhanauti,PO-Mashrak, P.SPanapur, Dist- Saran at Chapra, pin Code-841417 2.
Mintu Kumar S/O Sunil Singh R/O Village-Mashrak(East Tola), PO and PSMashrak, Distt-Saran at Chapra,Pin Code-841417 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan, Adv.
For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Bihta P.S. Case No. 392 of 2025 instituted for the offences under Sections 316(2), 318(2), 318(4), 308(2), 303(2), 316(5) r/w Section 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per prosecution case, the police during vehicle checking apprehended the petitioners and from their possession, total five mobiles were recovered. It is further alleged that the petitioners are involved in the extortion of money from the person holding the stolen mobile and also from the person whose mobile was stolen and then used to divide the money
Patna High Court CR. MISC. No.55759 of 2025(2) dt.20-08-2025 2/3 among them.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners and so far as seized mobiles are concerned, the same were not stolen mobile rather was purchased by the petitioners for their personal use. It is further alleged that the alleged motorcycle belongs to the brother-in-law of the petitioner no.2. The petitioners have no criminal antecedent and are languishing in judicial custody since 30.05.2025 without any rhymes or reason. The Investigating Officer, after completion of investigation, has submitted chargesheet in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners and the petitioners having no criminal antecedent, let the
Patna High Court CR. MISC. No.55759 of 2025(2) dt.20-08-2025 3/3 petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihta P.S. Case No. 392 of 2025.
(Rudra Prakash Mishra, J) rishi/- U T