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Patna High Court

Bulla Kumar @ Mukesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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.
            Patna High Court CR. MISC. No.17286 of 2026(2) dt.23-03-2026
                                                        3/3




                                   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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