Bultus Kumar @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82620 of 2025 Arising Out of PS. Case No.-226 Year-2024 Thana- MAHESHKHUNT District- Khagaria ====================================================== Bultus Kumar @ Sumit Kumar Son of Ramvilash Das Resident of Village - Govindpur, P.S. - Maheshkhunt, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar Agrawal, Advocate Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Maheshkhunt P.S. Case No. 226 of 2024 registered for the alleged offences under Sections 115(2), 126(2), 118(1), 118(2), 109, 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, while the informant and his brother had been sleeping in a community hall, the petitioner and other co-accused persons assaulted them with knife and rod and the informant lost his left eye in this assault.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.82620 of 2025(2) dt.04-12-2025 2/3 case. There is general and non-specific allegation against the petitioner. The identification of the petitioner and co-accused persons in the dead of night is doubtful. Falsity of allegation is also apparent from the delay of five days in lodging the FIR without any explanation. There is land dispute between the parties and for this reason, the petitioner and others have been falsely implicated in this case with oblique and ulterior motive. The brother of the informant did not receive any injury. Other similarly placed co-accused, Krishna Kumar, has been granted bail by a Co-ordinate Bench vide order dated 26.11.2025 passed in Criminal Misc. No. 64012 of 2025. Learned counsel further submits that the petitioner is having clean antecedent and is in custody since 24.01.2025. Charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.82620 of 2025(2) dt.04-12-2025 3/3 Magistrate, Khagaria/court concerned in connection with Maheshkhunt P.S. Case No. 226 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T