Patna High Court
Tufani Kumar @ Tufani GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Arms Act, 1959 — s. 25(1-b)a, 26, 27, 35
- Bhartiya Nyay Sanhita, 2023 — s. 103, 3(5), 61(2)
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
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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
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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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