Patna High Court
Bhuwal Kumar @ Bhuwal BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted bail to the petitioner, subject to a bail bond of Rs. 20,000 with two sureties.
Summary
The petitioner, Bhuwal Kumar, applied for regular bail in a case registered under section 310(2) of the Bharatiya Nyaya Sanhita. He contended that he was not named in the FIR, was falsely implicated due to village politics, and that his confessional statement was obtained under duress. He also highlighted his clean criminal record and the fact that a co‑accused, Gaurav Singh, had been granted bail by a co‑ordinate bench of the same court. The State opposed the bail. Considering the petitioner’s clean antecedent, the length of his pre‑trial detention, and the precedent of bail granted to the co‑accused, the court inclined to release him on bail, subject to a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite not being named in the FIR and alleged forced confession.
- Whether the grant of bail to a co‑accused influences the bail application of the petitioner.
- Whether the petitioner’s clean antecedent and period of pre‑trial detention warrant bail under section 310(2) of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 310(2)
Subjects
- bail
- criminal procedure
- forced confession
- political victimisation
- Bharatiya Nyaya Sanhita
- section 310(2)
- pre‑trial detention
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90243 of 2025
Arising Out of PS. Case No.-163 Year-2025 Thana- BADDI District- Rohtas
======================================================
Bhuwal Kumar @ Bhuwal Bind, S/O - Rogi Bind, R/O Village- Basanara,
P.O- Shadokhar, P.S- Chenari, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramanuj Tiwary, Adv.
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Baddi P.S. Case No. 163 of 2025 registered for the offence
punishable under section 310(2) of the Bharatiya Nyaya Sanhita.
3. The main submissions advanced by petitioner’s
counsel are that the petitioner is not named in the FIR and he has
been falsely implicated in the present matter due to village
politics and nothing incriminating material has been recovered
from his possession. It is further submitted that the confessional
statement of the petitioner was forcibly obtained by the police
and he was forced to sign the same under threat given by the
police. It is lastly submitted that the petitioner bears no criminal
antecedent and has been languishing in jail since 10.10.2025 and
one similarly situated co-accused, namely Gaurav Singh, has
Patna High Court CR. MISC. No.90243 of 2025(2) dt.13-01-2026
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been granted bail by a co-ordinate bench of this Court vide order
passed in Cr. Misc. No. 87235/2025.
4. Learned APP for the State has opposed the prayer of
the petitioner.
5. Considering the above submissions, the averments
made in this application and mainly taking into account the
petitioner’s fair and clean antecedent, his custody period and the
privilege of bail having been granted to the co-accused Gaurav
Singh by a co-ordinate bench of this Court, this Court is inclined
to release him on bail. Accordingly, let the petitioner named-
above be released on bail on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the court concerned in connection with
Baddi P.S. Case No. 163 of 2025.
(Shailendra Singh, J)
annu/-
U T
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