Bulbul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65218 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- SALAKHUA District- Saharsa ====================================================== Bulbul Kumar, Son of Ajay Yadav, R/o Village-Gospur, P.S.-Salkhua, DistrictSaharsa ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State duly assisted by learned counsel for the informant.

2. The accused/petitioner seeks bail in connection with Salkhua P.S. Case No. 216 of 2024 registered under Sections 126(2), 191(2)(3), 190, 115(2), 118(1), 303(2), 103(1), 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.') and Section 27 of the Arms Act.

3. As per FIR, the petitioner along with named co-accused persons assaulted the brother of informant, where during the occurrence the

Patna High Court CR. MISC. No.65218 of 2025(2) dt.12-12-2025 2/3 firing as alleged to be made by co-accused which hit the brother of informant. It is also alleged that firing was also made by co-accused Gaurv Kumar missing the target.

4. It is submitted by learned counsel appearing on behalf of the petitioner that occurrence took place out of financial disputes, which is apparent from the FIR itself. It is submitted that petitioner implicated only being members of the named co-accused persons. It is submitted that no overt act is available against petitioner. It is submitted that in present case there is general and omnibus allegation levelled against this petitioner, whereas allegation of firing is specifically available against co-accused Gaurav Kumar, which was misfired but, it was the co-accused Ajit Kumar, who specifically opened fire upon the brother of informant causing his death. Petitioner claimed clean antecedent.

5. Learned APP has opposed the prayer of bail.

6. In view of aforesaid facts and

Patna High Court CR. MISC. No.65218 of 2025(2) dt.12-12-2025 3/3 circumstances, as the allegation of fatal firing is specifically available against co-accused Ajit Kumar and not against this petitioner, coupled with the fact that investigation of this case is completed, where petitioner remains in custody since 12.06.2025, accordingly, the petitioner, abovenamed is directed to 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 J.M., Salkhua, Saharsa in connection with Salkhua P.S. Case No.216 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').

(Chandra Shekhar Jha, J.) Sanjeet/- U T