Patna High Court
Durgesh Kumar @ Fugesh Kumar @ Fugaira KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, directing his release on bond with conditions under the Cr.P.C. and BNSS.
Summary
Durgesh Kumar was named in an FIR for alleged assault and shooting under several sections of the Bihar Non‑Serious (BNS) Act and Section 27 of the Arms Act. The FIR described a two‑part incident: an assault on the informant and a shooting allegedly carried out by a co‑accused, Jeetu Kumar. The petitioner argued that the allegation of assault against him was vague and omnibus, and that he was falsely implicated, noting that a similarly situated co‑accused, Deepu Kumar, had already been granted anticipatory bail. The State opposed the bail application. Considering the general nature of the assault allegation and the precedent of bail to a co‑accused, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the FIR’s allegations of assault and shooting
- Whether the general and omnibus nature of the assault allegation justifies granting bail
- Whether the grant of anticipatory bail to a co‑accused influences the bail decision for the petitioner
Legislation cited
Subjects
- bail
- anticipatory bail
- general allegation
- omnibus allegation
- Criminal Procedure Code
- Arms Act
- assault
- shooting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31141 of 2026
Arising Out of PS. Case No.-903 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Durgesh Kumar @ Fugesh Kumar @ Fugaira Kumar S/o Sadhu Yadav @
Uday Prasad R/o Village - Vanshraj Bigha, PS - Makhdumpur(Tehta), Distt. -
Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Paras Nath
For the Opposite Party/s : Mr.Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-05-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Makhdumpur P.S.
Case No. 903 of 2025 registered for the offences punishable
under Sections 126(2), 115(2), 117(2), 118(2), 109 and
3(5) of the BNS and Section 27 of the Arms Act.
3. As per FIR, informant states that 12 named
accused persons including the petitioner herein started to
abuse the informant. On protest he was assaulted which led
to the breaking of his teeth. He fell unconscious. It is further
stated that on regaining consciousness and on the informant
going along with his family members to the house of Chintu
Kumar, Jeetu Kumar opened fire as a result of which the
Patna High Court CR. MISC. No.31141 of 2026(2) dt.13-05-2026
2/3
informant sustained gunshot injury on his hand.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that from the contents of the FIR
itself, it would transpire that though the occurrence is in two
parts, in the first part the allegation against the petitioner is
general and omnibus in nature and in the second part at the
house of Chintu Kumar, the allegation of opening fire is on
co-accused Jeetu Kumar alone. The petitioner has been
falsely implicated in the case and he undertakes to cooperate
in the investigation/trial. While concluding arguments, it is
submitted that petitioner found involved in one more criminal
case where he is on bail and moreover similarly situated co-
accused Deepu Kumar has already granted anticipatory bail
by one of the learned Co-ordinate Bench of this Court
through Cr. Misc. No. 27565 of 2026 dated 29.04.2026.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as allegation qua physical assault is
appearing very much general and omnibus against petitioner,
coupled with the fact that similarly situated co-accused
Patna High Court CR. MISC. No.31141 of 2026(2) dt.13-05-2026
3/3
namely Deepu Kumar has already granted bail through Cr.
Misc. No. 27565 of 2026 dated 29.04.2026, accordingly
petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned ACJM-I, Jehanabad/concerned Court, where the case
is pending in connection with Makhdumpur P.S. Case No.
903 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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