Patna High Court
Bulla Kumar @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Bulla Kumar, sought bail in a case registered under Sections 103(1) & 3(5) of the Bihar Narcotic Substances Act and Sections 25(1‑b)a, 26, 35 and 27 of the Arms Act, alleging that the FIR was lodged against unknown persons and that his name appeared only in a co‑accused's confessional statement. The prosecution argued that the informant received a call indicating a threat to her son, who was later found dead, and that witnesses identified Rahul Kumar and Biru Kumar as the shooters. The petitioner contended that no direct evidence linked him to the offence, nothing was recovered from his possession, and that a similarly situated co‑accused had been granted bail in a related matter. The State opposed the bail. After hearing both sides, the Court found the petitioner's claim of lack of substantive evidence persuasive and ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the FIR and confessional statements of co‑accused.
- Whether the lack of direct evidence and recovery of contraband justifies granting bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- arms act
- narcotic offences
- judicial custody
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17286 of 2026
Arising Out of PS. Case No.-170 Year-2025 Thana- KHAGAUL District- Patna
======================================================
Bulla Kumar @ Mukesh Kumar Son of Sri Ramkishun Singh Resident of
village - Lakhnibigha Near, Devisthan, P.S.- Danapur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyendra Narayan Verma, Adv.
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Khagaul P.S. Case No.170 of 2025 registered for the
offence punishable under Section 103(1) & 3(5) of the BNS and
under Sections 25(1-b)a, 26, 35 & 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
informant received a call from Vicky Kumar that her son might
be killed and on the same day, the informant got information
that her son has been killed by some unknown persons.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the FIR was filed against unknown
miscreants. It has further been submitted that from perusal of
the FIR itself it will transpire that the informant is not the eye-
Patna High Court CR. MISC. No.17286 of 2026(2) dt.23-03-2026
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witness. The name of this petitioner has surfaced during
investigation in the confessional statement of Biru Kumar.
Learned counsel for the petitioner has submitted that in this
case, two witnesses have been examined during investigation
namely, Ganesh Kumar and Rishu Kumar and they have stated
that Rahul Kumar and Biru Kumar have fired at the deceased.
Learned counsel for the petitioner has submitted that there is no
any allegation of over act against the petitioner. Learned counsel
for the petitioner has further submitted that nothing has been
recovered from the possession of this petitioner. Moreover the
name of this petitioner has surfaced due to previous enmity.
Save and except the confessional statement of co-accused, there
is nothing against the petitioner. Learned counsel for the
petitioner has further submitted that similarly situated co-
accused Sajan @ Sajan Kumar @ Shekhar Kumar has been
granted bail by the learned Co-ordinate Bench of this Court vide
Cr. Misc. No. 2046 of 2026. The case of this petitioner stands on
similar footing. Learned counsel for the petitioner has lastly
submitted that the petitioner is languishing in judicial custody
since 11.09.2025.
5. The application for bail is opposed by learned APP
for the State.
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6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned court of
A.C.J.M.-V, Danapur, Patna in connection with Khagaul P.S.
Case No.170 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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