Patna High Court
Tuntun Kumar @ Surya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to strict conditions.
Summary
Petitioner Tuntun Kumar was arrested on 26-10-2025 in connection with a case involving alleged extortion, where a video showed him holding a weapon and threatening people. He is charged under Sections 308(3), 308(4) and 292 of the Bihar Narcotic Substances Act, 2023 and Sections 3, 25 and 27 of the Arms Act. The petitioner claims innocence, arguing that the video’s authenticity was not verified and no weapon was recovered, while the prosecution contends that the video and a confession establish guilt and points to three prior criminal antecedents. The High Court considered the seriousness of the offences, the evidence, the confession, and the petitioner’s antecedents. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order is subject to cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and alleged confession
- Whether the video evidence and lack of recovered weapon affect the bail decision
- Whether the petitioner’s prior criminal antecedents preclude bail
Legislation cited
- Arms Act — s. 25, 27, 3
- Bihar Narcotic Substances Act, 2023 — s. 292, 308(3), 308(4)
Subjects
- bail
- video evidence
- arms act
- extortion
- criminal antecedent
- confession
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16773 of 2026
Arising Out of PS. Case No.-446 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Tuntun Kumar @ Surya Kumar S/o- Mukti Lal Yadav R/o - Murli, P.S -
Phulparas, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Arvind Kumar, learned counsel for the
petitioner and Mr. Mukesh Kumar Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.10.2025 in connection with Phulparas P.S. Case No. 446 of
2025, F.I.R. dated 25.10.2025 for the offences punishable under
Sections 308(3), 308(4) and 292 of the BNS, 2023 and Sections
3, 25 and 27 of the Arms Act.
3. According to prosecution case, this petitioner
filmed a video footage where he was holding weapon in his
hand and threatening people to pay extortion money.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the petitioner has been
Patna High Court CR. MISC. No.16773 of 2026(2) dt.17-03-2026
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made accused in the present case on the basis of video footage.
He further submits that before lodging of the F.I.R the
prosecution has not examined the genuineness of the video
footage. It also appears from the F.I.R that no incriminating
article has been recovered in the present case but the police have
lodged the F.I.R under the Arms Act. Although it appears from
the F.I.R that the petitioner has confessed that the person who is
in the video footage is the petitioner itself. He further submits
that the police after investigation submitted the charge sheet
against the petitioner. The petitioner is in custody since
26.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the present case has been instituted on the basis of
video footage and the petitioner has confessed his guilt in the
present case and apart from that the petitioner carries three
criminal antecedents other than the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioner, 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 the learned Additional
Chief Judicial Magistrate-II, Jhanjharpur, Madhubani in
Patna High Court CR. MISC. No.16773 of 2026(2) dt.17-03-2026
3/3
connection with Phulparas P.S. Case No. 446 of 2025, subject
to the following conditions:-
i. Petitioner 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 petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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