Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56134 of 2025 Arising Out of PS. Case No.-323 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Bittu Kumar S/o- Late Satyanarayan Singh Village- Taraiya, P.o P.S - Taraiya, Dist- Saran ... ... 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. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Marhaura P.S. Case No. 323 of 2025 dated 13.05.2025 registered for the offences punishable under Section/s 126(2), 115(2), 109, 74, 352, 351(2) r/w 3(5) of the B.N.S., 2023 along with Section 25(a), 27 of the Arms Act.
3. As per the prosecution case, on the alleged date of occurrence, the Informant's son had gone with Orchestra in the barat party of one Guddu Prasad. It is further alleged that about 15-20 unknown persons came at the stage and started teasing the female dancer and when the Informant's son objected for the same, the accused persons assaulted him and also fired 2-3 gun shot, which hit on his left chest.
Patna High Court CR. MISC. No.56134 of 2025(6) dt.21-01-2026 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence much less as alleged by the prosecution as, from the F.I.R., it would transpire that the allegations are general and omnibus, while two persons, namely, Binod Prasad and Rama Shankar Prasad @ Gulten Kumar have already been extended the privilege of anticipatory bail by the district court itself.
5. It is next submitted that during course of investigation, on the basis of confessional statement of co-accused Guddu Prasad, who has categorically stated that Ravan Singh, who is also a co-accused, is said to have injured the informant's son, while with respect to this petitioner, it is only alleged that the motorcycle bearing Regd. No. BR04AK-7446 has been found from the place of occurrence. Learned counsel for the petitioner submits that the petitioner has no concern with the alleged motorcycle bearing Regd. No. BR04AK-7446, which is said to be recovered from the place of occurrence.
6. Learned APP for the State opposes the prayer for anticipatory bail application.
7. Having heard learned counsel for the petitioner and considering the fact that since the co-accused person, who has already been taken into custody, has named the co-accused
Patna High Court CR. MISC. No.56134 of 2025(6) dt.21-01-2026 3/3 Ravan to have opened fire, owing to which the injury is said to have been caused to the Informant's son and there being nothing specific against the petitioner, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhaura P.S. Case No. 323 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S. with a further condition that the petitioner shall desist from committing the same offence in future, failing which the State shall be at liberty to take steps for cancellation of his bail bond.
(Ajit Kumar, J) rishi/- U T