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Patna High Court

Tuntun Mahton @ Tuntun Mahto @ Tun-Tun Mahto @ Tuntun SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and bail is granted to the appellant with specified conditions, setting aside the lower court’s refusal.

Summary

The appellant, Tuntun Mahton, was charged under multiple sections of the Bihar Non‑Specific Act, 2023 and sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant with a deadly weapon and stealing valuables. He appealed to the Patna High Court under Section 14(A)(2) against the Special Judge’s refusal to grant regular bail. The appellant claimed innocence, arguing that the FIR contained only a vague, omnibus allegation against him and that the injury to the victim was minor. The State opposed bail, contending the appellant’s active participation in the crime and a prior criminal antecedent. The High Court, after considering the submissions, set aside the lower court’s order and granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of antecedents, and allowed the appeal.

Issues considered

  • Whether the appellant is entitled to regular bail under Section 14(A)(2) despite the seriousness of the offences alleged.
  • Whether the FIR contains a specific charge against the appellant sufficient to deny bail.
  • Whether the appellant’s prior criminal antecedent justifies refusal of bail.

Legislation cited

Subjects

  • bail
  • Section 14(A)(2)
  • SC/ST Act
  • criminal antecedent
  • exclusive special judge
  • injury report
  • charge sheet

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.165 of 2026
                   Arising Out of PS. Case No.-111 Year-2025 Thana- MANSURCHAK District- Begusarai
                 ======================================================
                 Tuntun Mahton @ Tuntun Mahto @ Tun-Tun Mahto @ Tuntun Singh S/O
                 Late Natho Mahto R/O Samsa @ Shamsa-1, Ward No. 06, P.S- Mansoorchak
                 @ Mansur Chak @ Mansurchak, Distt.- Begusarai, Pin- 851125.

                                                                                 ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Rahul Kumar Paswan S/O Parsadi Paswan R/O Village- Purani Chak, Ward
                 No. 04, P.S- Mansoorchak @ Mansur Chak @ Mansurchak, Distt.-
                 Begusarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Arvind Kumar, Advocate
                 For the Respondent/s    :       Mr. Sadanand Paswan, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   18-06-2026                   Despite valid service of notice, no one appears on

                   behalf of the Respondent No. 2.

                                2. Heard Mr. Arvind Kumar, learned counsel for the

                   appellant as well as Mr. Sadanand Paswan learned Spl.P.P. for

                   the State.

                                3. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 16.12.2025

                   passed by the learned Court of Exclusive Special Judge SC/ST,

                   (POA) Act, Begusarai in connection with Manshoorchak @

                   Mansur Chak @ Mansurchak P.S. Case No. 111 of 2025, F.I.R.

                   dated 29.10.2025 registered under Sections 126(2), 115(2), 109,

                   303(2), 352 and 351(2) of the BNS, 2023 and Sections 3(i)(r)(s)
Patna High Court CR. APP (SJ) No.165 of 2026(5) dt.18-06-2026
                                             2/4




          of the Scheduled Castes and Scheduled Tribes Act (Prevention

          of Atrocities) Act.

                       4. According to the prosecution case, all the accused

          persons including this appellant armed with deadly weapon have

          brutally assaulted the informant and also snatched gold chain

          and cash from the informant.

                       5. Learned counsel for the appellant submits that

          appellant is innocent and he has falsely been implicated in the

          present case. He further submits that the allegation as alleged in

          the F.I.R. is false and fabricated and the appellant has not

          committed any offences as alleged in the F.I.R. He further

          submits that it appears from the FIR that there is no specific

          allegation against the appellant rather there is general and

          omnibus allegation against him and it is alleged that the

          appellant along with other accused persons have assaulted to the

          injured person. Learned counsel for the appellant has produced a

          injury report of the injured person which suggest that the injury

          inflicted upon the injured person is simple in nature. He further

          submits that the police, after investigation, submitted charge

          sheet against the appellant. The appellant is in custody since

          26.11.2025.

                       6. Learned Special Public Prosecutor for the State has
Patna High Court CR. APP (SJ) No.165 of 2026(5) dt.18-06-2026
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          vehemently opposed the prayer for bail of the appellant and

          submits that the appellant has actively participated in the present

          crime in question and apart from that the appellant carries one

          criminal antecedent other than the present one.

                       7. Considering the aforesaid facts and circumstances

          of the case, let the appellant, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Court of Exclusive Special Judge, SC/ST (PoA) Act,

          Begusarai in connection with Mansoorchak @ Mansur Chak @

          Mansurchak P.S. Case No. 111 of 2025, with other following

          conditions:-

                       i. Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the appellant tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the appellant and in case at
            Patna High Court CR. APP (SJ) No.165 of 2026(5) dt.18-06-2026
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                      any stage it is found that the appellant have concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the appellant. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.

                                   8. Accordingly, the impugned order is set aside and

                      this appeal stands allowed.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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