Patna High Court
Kuldeep Bhuiyan @ BabbuaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court refused bail to the petitioner at this stage.
Summary
The petitioner, Kuldeep Bhuiyan, was charged under multiple sections of the B.N.S, 2023 for allegedly assaulting an informant's father‑in‑law with a lathi, causing a severe head injury that led to death. The FIR alleges that the petitioner, along with others, entered the informant’s house armed with sticks and committed the assault. The petitioner sought bail, arguing that the FIR contains only general allegations and that the death was due to old age and disease. The State opposed bail, emphasizing the direct allegation of indiscriminate assault resulting in death and noting that a co‑accused’s bail had also been denied. The Court, considering the seriousness of the charges and the petitioner’s role, refused bail and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the alleged assault and resultant death
- Whether the allegations in the FIR constitute sufficient ground to deny bail
Legislation cited
- B.N.S., 2023 — s. 103(1), 109, 115(2), 117(2), 126(2), 190, 191(2), 329(3), 352
Subjects
- bail
- assault
- homicide
- criminal procedure
- serious offence
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46754 of 2025
Arising Out of PS. Case No.-402 Year-2024 Thana- MADANPUR District- Aurangabad
======================================================
Kuldeep Bhuiyan @ Babbua S/o Late Panchoo Bhuiyan R/o Vill- Belhar,
P.S.- Madanpur, Distt- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhuresh Singh, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 16-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 329 (3), 191 (2), 190, 126 (2), 115
(2), 117 (2), 109, 103 (1) and 352 of B.N.S, 2023 .
3. As per the prosecution case, petitioner, along with other
accused persons, armed with lathis and sticks came to the
informant’s house and began abusing. When the informant’s father-
in-law protested, the petitioner assaulted him with a lathi, causing a
severe head injury. While he was being taken for medical treatment,
he succumbed to his injuries on the way.
4. Learned counsel for the petitioner submits that there is
general and omnibus allegations in the First Information Report with
regard to assault upon the deceased. It has further been submitted that
the present case is only a counter blast of Madanpur P.S. Case No.
Patna High Court CR. MISC. No.46754 of 2025(4) dt.16-02-2026
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403 of 2024 and, as a matter of act, the deceased died on account of
old age and disease. Petitioner is in custody since 07.03.2025 and
charges have been framed and the trial is also going on.
5. Learned APP for the State opposed the bail petition on
the ground that in the F.I.R, there is direct allegation against this
petitioner and two others of indiscriminate assault upon the head of
the deceased causing his death. Further, the bail application of
similarly situated co-accused person, Keshar Bhuiyan, has also been
rejected.
6. Taking into consideration the seriousness of allegation
and the role played by the present petitioner, this Court is not
inclined to grant bail to the petitioner, at this stage.
7. However, the learned trial court is directed to expedite
the trial.
(Soni Shrivastava, J)
vashudha/-
U T
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