Bittu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Bittu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in Barun P.S. Case No. 242 of 2025, subject to conditions (one bailor to be an own/close family member; appearance on every trial date, failing which the Trial Court may cancel the bail bonds).

Issue for consideration

Whether the petitioner is entitled to bail in connection with Barun P.S. Case No. 242 of 2025, instituted for offences under Sections 331(2) and 305(a) of the Bharatiya Nyaya Sanhita, 2023.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court is inclined to grant bail.

Ratio / Principle

The petitioner is to be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in Barun P.S. Case No. 242 of 2025, subject to conditions.

Key takeaways

Conditions imposed: one bailor shall be an own/close member of the petitioner's family; the petitioner shall appear on each and every trial date, and on default on two consecutive dates the Trial Court has liberty to cancel the bail bonds.ratio¶25

Detailed headnote1 paragraphs

Bail granted - Patna High Court (Rudra Prakash Mishra, J.), Criminal Miscellaneous No.84774 of 2025, decided 12-12-2025 - Petitioner sought bail in Barun P.S. Case No. 242 of 2025, instituted for offences under Sections 331(2) and 305(a) of the Bharatiya Nyaya Sanhita, 2023, arising out of an allegation that unknown thieves entered the informant's house and took away ornaments, cash of Rs. 70,000/- and a mobile phone. Petitioner was not named in the F.I.R.; his name transpired on the confessional statement of co-accused Monu Kumar @ Mayank Kumar; no incriminating/looted article was recovered from his conscious possession; T.I.P. had not been conducted; he was in custody since 02.08.2025 and had six criminal antecedents; the other co-accused had been granted bail by a co-ordinate Bench on 09.10.2025 in Criminal Miscellaneous No. 70380 of 2025. Considering the facts, circumstances and period of custody, the Court directed release on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each, subject to conditions: one bailor to be an own/close family member, and appearance on every trial date, with liberty to the Trial Court to cancel the bonds on default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84774 of 2025

Arising Out of PS. Case No.-242 Year-2025 Thana- BARUN District- Aurangabad

======================================================

Bittu Kumar S/o Dharmendra Singh R/o Village- Pawani, PS- Nasriganj, DistRohtas

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s : Mr.Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 12-12-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Barun P.S. Case No. 242 of 2025, instituted for the offences under Sections 331(2) and 305(a) of the Bharatiya Nyaya Sanhita, 2023.

Prosecution case, in short, is that unknown thieves entered into the house of the informant and took away ornaments, cash of Rs. 70,000/- and a mobile phone.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Monu Kumar @ Mayank Kumar. No

Patna High Court CR. MISC. No.84774 of 2025(2) dt.12-12-2025 2/3

incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen articles. Learned counsel further submitted that T.I.P. has not been conducted till date to ascertain the involvement of the petitioner in the alleged offence. The other co-accused has been granted bail by a co-ordinate Bench of this Court on 09.10.2025 passed in Criminal Miscellaneous No. 70380 of 2025. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.08.2025 and has six criminal antecedents.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barun P.S. Case No. 242 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.84774 of 2025(2) dt.12-12-2025 3/3

the family of the petitioner.

(II) The petitioner shall appear on each and every date

fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

manish/-

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