IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55359 of 2025 Arising Out of PS. Case No.-402 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Bholu Kumar S/O Late Dinesh Singh @ Dinesh Sharma Resident of Jamalpur @ jamalpua, P.S.- Naubatpur, Dist.- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Adv For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 26-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 2. The petitioner seeks bail in connection with Naubatpur P.S. Case No. 402 of 2024 registered for the offences under Sections 126(2), 115(2), 118(1), 74, 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. 3. The petitioner is named in the F.I.R. and is in custody since 18.01.2025. 4. The allegation against the petitioner is to assault informant and her mother by using lathi, rod, etc., where allegation to open fire is available against co-accused Kunkun Kumar @ Jairam, which coincidentally hit her mother. 5. Learned counsel appearing on behalf of the petitioner submitted that parties are agnates and out of neighborhood Patna High Court CR. MISC. No.55359 of 2025(2) dt.26-09-2025 2/3 disputes and differences present occurrence took place. It is submitted that allegation of firing is not available against this petitioner, rather same is available against co-accused Kunkun Kumar, where allegation against this petitioner is very much general and omnibus as to assault informant by using lathi along with other co-accused persons. It is submitted that with aforesaid allegation implication of petitioner with offence punishable under Section 109 of the BNS not appears convincing. While concluding the argument it is submitted that, petitioner is a man of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence. 6. Learned APP appearing on behalf of the State, while opposing the prayer for bail submitted that petitioner actively particiapted during the occurrence. 7. In view of aforesaid factual submission and by taking note of fact as allegation of firing is not available against this petitioner, rather same is available against co-accused Kunkun Kumar @ Jairam, coupled with the fact as petitioner remains in custody since 18.01.2025, accordingly above named petitioner, is directed to be released on bail in connection with Naubatpur P.S. Case No. 402 of 2024 on furnishing bail bond of Rs.10,000/- Patna High Court CR. MISC. No.55359 of 2025(2) dt.26-09-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Danapur/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. S.Tripathi/- (Chandra Shekhar Jha, J.) U T