Tullu Kumar @ Tulu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36534 of 2026 Arising Out of PS. Case No.-394 Year-2025 Thana- GORAUL District- Vaishali ====================================================== Tullu Kumar @ Tulu Kumar S/o Moti Ray @ Motilal Ray R/o Village - Bhagwatpur Dharampur, PS - Vaishali, District - Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 310(2) of the B.N.S.

3. As per the prosecution case, the petitioner along with other co-accused persons is alleged to have committed dacoity.

4. Learned counsel for the petitioner submits that the First Information Report was lodged against unknown and the name of the petitioner transpired during the course of investigation in the statement of two apprehended accused persons, namely, Kundan Kumar and Ranjan Kumar with whom the petitioner had no concern. It is further submitted that there has been no recovery from the petitioner rather the

Patna High Court CR. MISC. No.36534 of 2026(2) dt.11-06-2026 2/3 recovery has been made from co-accused Kundan Kumar and Ranjan Kumar. It is next submitted that barring the confessional statement of co-accused recorded before the police which has no evidentiary value in the eye of law, there is no material to connect the petitioner with the alleged offence. It is only that the petitioner had another antecedent of similar nature, he has been made accused in this case. The petitioner is in custody since 29.01.2026 and charge-sheet has been submitted.

5. Learned APP for the State opposed the grant of bail on the ground of criminal antecedent of similar nature. However, in response it has been submitted that the petitioner is on bail in the said case.

6. Taking into consideration the facts and circumstances and considering the fact that the implication of the petitioner is on the basis of confession statement of coaccused before the police and charge-sheet has already been submitted, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned Court below in connection with Goraul P.S.

Patna High Court CR. MISC. No.36534 of 2026(2) dt.11-06-2026 3/3 Case No. 394 of 2025 subject to condition that:- (i) One of the bailors shall be a family member/close relative.

(ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J) anand/ayush/- U T