Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71571 of 2025 Arising Out of PS. Case No.-607 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Bittu Kumar S/o Satish Sao @ Satish Saw R/o Village - Tehta Rajain, P.S - Makhdumpur (Tehta), District - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Anand, Advocate Ms. Sristy Patel, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Makhdumpur (Tehta) P.S. Case No. 607 of 2024, registered for the offences under Sections 126(2), 127(2), 307, 308(3), 109, 117(2), 351(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioner called out the informant from his house and he and his associates snatched Rs. 5,000/- from the pocket of the informant and brutally assaulted him. The informant became unconscious. The petitioner and his associates also assaulted the brother of the informant, causing fracture of his hand.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.71571 of 2025(3) dt.11-11-2025 2/3 submits that the petitioner is innocent and has falsely been implicated in the present case. The occurrence took place on 05.12.2024, but the FIR has been lodged on 08.12.2024 without any satisfactory explanation. No injury report has been brought on record till the matter was taken up for consideration of prayer for bail of the petitioner by the learned subordinate court. There is no specific allegation of assault against the petitioner and the allegation of taking Rs. 5,000/- from the pocket of the informant and making a demand for extortion money is completely false and concocted. No incriminating material has been recovered from the person or possession of the petitioner. The petitioner is in custody since 01.07.2025, and charge sheet has been submitted. The petitioner has a criminal antecedent of six cases, and he is on bail in five such cases. In the last case, i.e., Makhdumpur (Tehta) P.S. Case No. 25 of 2025, lodged by the same informant.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge-sheet and period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st
Patna High Court CR. MISC. No.71571 of 2025(3) dt.11-11-2025 3/3 Class, Jehanabad, in connection with Makhdumpur (Tehta) P.S. Case No. 607 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) Sudhanshu/- U T