Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71969 of 2025 Arising Out of PS. Case No.-505 Year-2024 Thana- KHAGARIA District- Khagaria ====================================================== Bittu Kumar S/O Mantun Singh R/O Vill.- Tikarampur Mathurapur, P.SKhagaria, Dist.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Singh For the Opposite Party/s :
Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Khagaria P.S. Case No. 505/2024 dated 23.10.2024 registered for the offences punishable u/s 126(2), 115(2), 118(1), 109, 303(2) read with Section 3(5) of the B.N.S.
3. As per the prosecution case, when the informant's son was returing from a fair, five miscreants suddenly assaulted him and told him to take out all the money he had. On protest, the co-accused persons, namely, Biswajeet and Uttam assaulted the informant's son with knife, causing injuries. Thereafter, he was taken to the hospital for treatment. The informant has further alleged that the accused persons have snatched a watch, Rs. 2,000/- and a gold locket of Hanuman ji from his son.
Patna High Court CR. MISC. No.71969 of 2025(2) dt.01-11-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The specific allegation of inflicting knife is against the co-accused persons, namely, Biswajeet and Uttam. The petitioner is not named in the F.I.R.. The name of the petitioner has sprung up in the course of investigation. There is general and omnibus allegation against the petitioner. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.02.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the injury is grievous in nature.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Khagaria P.S. Case No. 505/2024 with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.71969 of 2025(2) dt.01-11-2025 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Atul/- U T