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2026 DAILYLAW 36839 (PAT)

Kuldeep Bhuiyan @ Babbua v. The State of Bihar

CR. MISC./46754/2025 · 2026-02-16

Smt Soni Shrivastava

body2026

Judgment text

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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 2/2 403 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. vashudha/- (Soni Shrivastava, J) U T