Allowed¶22

Bisho Kumar @ Visho Kumar v. The State of Bihar

Patna HC15 May 2025CR. MISC./18228/2025

Case brief

AI extract

What is this about?

Regular bail allowed; Patna High Court; CRIMINAL MISCELLANEOUS No.18228 of 2025; order dated 15-05-2025; Ramesh Chand Malviya, J.; Fatuah P.S Case No. 432 of 2024; Section 103 BNS; Section 27 Arms Act; FIR against unknown person; name surfaced from confessional statement; no incriminating material recovered; investigation concluded; chargesheet filed against two accused; custody since 18.07.2024; bail bond Rs. 10,000 with two like sureties; A.C.J.M.1 Patna City; petitioner Bisho Kumar @ Visho Kumar; counsel Madhumay Madhup; APP Narendra Kumar Singh.

What did the court decide?

Release on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.1, Patna City, Patna in connection with Fatuah P.S Case No. 432 of 2024. ¶22

Bisho Kumar @ Visho Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 18.07.2024 in Fatuah P.S Case No. 432 of 2024 (offences punishable under Section 103 BNS and Section 27 of the Arms Act), should be released on regular bail.

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Court's answer

The petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.1, Patna City, Patna in connection with Fatuah P.S Case No. 432 of 2024.

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Ratio / Principle

Bail was granted on the basis that the petitioner's name surfaced from his confessional statement during investigation but no incriminating material was recovered from his possession.

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Key takeaways

Investigation is already concluded and a chargesheet under Section 103 BNS and Section 27 of the Arms Act has been filed against two accused persons including the petitioner.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.), by order dated 15-05-2025 in CRIMINAL MISCELLANEOUS No.18228 of 2025, allowed regular bail to the petitioner in Fatuah P.S Case No. 432 of 2024, registered for offences punishable under Section 103 of the BNS and Section 27 of the Arms Act, arising from the shooting of the informant's brother who died during treatment at P.M.C.H. The FIR was registered against unknown persons; during investigation the petitioner and other accused were arrested and the petitioner's name surfaced from his confessional statement, but no incriminating material was recovered from his possession. Investigation stood concluded and a chargesheet under Section 103 BNS and Section 27 of the Arms Act was filed against two accused persons including the petitioner, who had been in custody since 18.07.2024. The petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.1, Patna City, Patna.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18228 of 2025

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Arising Out of PS. Case No.-432 Year-2024 Thana- FATUA District- Patna

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======================================================

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Bisho Kumar @ Visho Kumar S/o- Dayanand Mahto @ Dayanand Mahtm Village- Sultanpur PS-Fatuha District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Madhumay Madhup For the Opposite Party/s : Mr. Narendra Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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4 15-05-2025

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner is in custody in connection with Fatuah P.S Case No. 432 of 2024 registered for the offences punishable under Section 103 of BNS and Section 27 of the Arms Act.

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As per prosecution case, unknown person is alleged to have shot out to the informant’s brother and during course of treatment, he died in the P.M.C.H.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. No incriminating material has been recovered from the

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Patna High Court CR. MISC. No.18228 of 2025(4) dt.15-05-2025 2/3

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possession of the petitioner. It is further submitted that petitioner is not named in the FIR. The name of the petitioner surfaced in this case on the basis of suspicion. Petitioner has clean antecedent.

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However, learned APP for the State oppose the prayer for regular bail of the petitioner.

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On perusal of the FIR, case diary and impugned order, it appears that on the basis of written report of informant, F.I.R. was registered against unknown person and during investigation, petitioner and other accused person were arrested and name of the petitioner surfaced from his confessional statement but no incriminating material has been recovered from the possession of the petitioner. Investigation is already concluded and chargesheet u/s 103 BNS and section 27 of the Arms Act against two accusd person including the present petitioner. Petitioner is in custody since 18.07.2024.

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Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail

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Patna High Court CR. MISC. No.18228 of 2025(4) dt.15-05-2025 3/3

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bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.1, Patna City, Patna in connection with Fatuah P.S Case No. 432 of 2024.

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(Ramesh Chand Malviya, J)

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Ranjeet/-

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U T

Bisho Kumar @ Visho Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bisho Kumar @ Visho Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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