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Patna High Court

Tuntun Kumar @ Surya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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