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Patna High Court

Tufani Kumar @ Tufani GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.

Summary

The petitioner, Tufani Kumar, was arrested in connection with a FIR alleging indiscriminate firing that resulted in a death, and was charged 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. The prosecution’s case relied mainly on confessional statements of co‑accused and the petitioner’s own statement, with no incriminating article recovered from him. The petitioner contended that he was falsely implicated and had been in custody since 1 June 2025, eight months before the chargesheet was filed. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the material, the prolonged pre‑trial detention and the identification of other co‑accused as the actual shooters, ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the Bhartiya Nyay Sanhita and the Arms Act.
  • Whether the reliance on co‑accused confessional statements justifies denial of bail.
  • Whether the petitioner’s eight‑month pre‑trial custody warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • false implication
  • confessional statements
  • prolonged custody

Judgment

                      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

3   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


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