Tufani Kumar @ Tufani Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87825 of 2025 Arising Out of PS. Case No.-232 Year-2025 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Tufani Kumar @ Tufani Gupta Son of Chhotelal Sah Village- Harpur Jaypur PS -Itarhi Distt -Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2026 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Buxar Muffasil P.S. Case no. 232 of 2025 registered under sections 103, 61(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023 and sections 25(1-b)a, 26, 27 and 35 of the Arms Act, 1959.

3. As per the prosecution case, three persons are said to have resorted to indiscriminate firing upon the brother of the informant leading to serious injuries as a result of which he died on way to the hospital. The informant states that eight named accused persons in the FIR who are on inimical terms with his brother, have a hand in the occurrence.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case in course of

Patna High Court CR. MISC. No.87825 of 2025(3) dt.20-02-2026 2/3 investigation. Referring to the order of the learned trial Court, it is submitted that the prosecution in their case against the petitioner is mainly relying on the confessional statement of co-accused made before police and also that of the petitioner. No incriminating article has been recovered from the petitioner's possession. Co-accused Golu has been enlarged on bail vide order dated 11.2.2026 passed in Cr. Misc. no. 76419 of 2025. From the material that has transpired in course of investigation, it would be evident that the accused who resorted to firing are Abhishek Kumar Rai, Dinesh and Nikhil. The petitioner is in custody since 1.6.2025 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation, the allegation of firing being on the three other co-accused named herein above, the petitioner having remained in custody for eight months since 1.6.2025 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Buxar Muffasil P.S. Case no. 232 of 2025 (G.R. no. 1600 of 2025) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.87825 of 2025(3) dt.20-02-2026 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar.

(Partha Sarthy, J) sauravkrsinha/- U T