Biru Kumar @ Biru Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71498 of 2025 Arising Out of PS. Case No.-270 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Biru Kumar @ Biru Kushwaha Son of Dina Prasad @ Dinanath Prasad Resident of village- Sah Khora (Khairi), P.S.- Pipra, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Ranjana Srivastava, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with S.T. No. 583 of 2024 arising out of Lalganj P.S. Case No. 270 of 2023, lodged on 01.08.2023, under Section 392 of the Indian Penal Code and under Sections 25(1-b)a & 35 of the Arms Act.
3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 05.10.2024 passed in Cr. Misc. No. 52981 of 2024. Counsel further submits that for compliance of the order dated 10.10.2025, a supplementary affidavit has been filed.
4. Learned APP for the State opposes the prayer for bail.
5. Upon perusal of the said supplementary affidavit, it
Patna High Court CR. MISC. No.71498 of 2025(4) dt.12-12-2025 2/2 transpires to this Court that compliance of the order dated 10.10.2025 has not been made in its true spirit, as a specific direction was issued to file a supplementary affidavit bringing on record substantial proof to show that the petitioner is not absconding in any of the cases pending against him, as mentioned in paragraph no. 3 of the bail petition. From the supplementary affidavit, it is clear that in one case he is on bail, however, regarding the remaining two cases, there is no averment as to whether he is on bail or not. Neither any statement regarding absconding nor any supporting document relating to absconding or non-absconding has been annexed.
6. In the present facts and circumstances of this case and in view of the submissions made above, this Court deems it fit not to keep this case pending. Therefore, this Court disposes of the present bail application with liberty to the petitioner that, when he affirms the criminal antecedents in respect of the cases pending against him, he may file the bail application afresh. (Dr. Anshuman, J.) Aman Kumar/- U T