Patna High Court
TUNTUN BARIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioners, subject to bond and surety conditions.
Summary
The petitioners, Tuntun Bari, his wife Rita Devi, and their daughter Anjali Kumari, applied for bail in a case registered under Sections 80, 85 and 3(5) of the BNS, 2023, alleging they were involved in the killing of a deceased family member. The prosecution alleged that the petitioners had killed the deceased, and they had been in custody since 14‑11‑2025. The petitioners argued that they are junior members of the family – brother‑in‑law, sister‑in‑law and nephew – and have no role in the alleged incident, contending that the allegations are general and omnibus. The Court, after hearing counsel, considered the nature of the allegations and the petitioners' familial relationship, and allowed the bail application. The Court ordered release on a bail bond of Rs.10,000 with two sureties, subject to the condition of cooperating with the trial, and clarified that the order is limited to bail and does not prejudice the merits of the case.
Issues considered
- Whether bail should be granted to the petitioners under Sections 80, 85 and 3(5) of the BNS, 2023 in view of the allegations of murder and their familial relationship to the deceased
Legislation cited
- BNS, 2023 — s. 3(5), 80, 85
Subjects
- bail
- criminal procedure
- BNS 2023
- Sections 80, 85, 3(5)
- family relationship
- murder allegation
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20031 of 2026
Arising Out of PS. Case No.-408 Year-2025 Thana- UCHKAGAON District- Gopalganj
======================================================
1. TUNTUN BARI S/O LATE SURESH BARI R/o Mohalla- Shakhekhas,
ward no. 8, P.S.- Uchkagaon, Distt.- Gopalganj
2. Rita Devi W/o Tuntun Bari R/o Mohalla- Shakhekhas, ward no. 8, P.S.-
Uchkagaon, Distt.- Gopalganj
3. Anjali Kumari D/o Tuntun Bari R/o Mohalla- Shakhekhas, ward no. 8, P.S.-
Uchkagaon, Distt.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Giri, Sr. Adv.
Mr.Harsh Vardhan
Mr. Harsh Raj
For the Opposite Party/s : Mr.Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Uchakagaon P.S. Case No. 408 of 2025 registered for the
offence under Sections 80, 85, 3(5) of the BNS, 2023.
3. As per the prosecution case, the petitioners are
said to have killed the deceased.
4. The petitioners are in custody since 14.11.2025.
5. Learned counsel for the petitioners submits that
the petitioner no. 1 is the brother-in-law (Bhaisur), petitioner no.
2 is the sister-in-law(Jethani) and petitioner no. 3 is the nephew
of the deceased and there is general and omnibus allegation
against them. He further submits that the petitioners, being the
junior members of the family, have no role to play in the alleged
Patna High Court CR. MISC. No.20031 of 2026(2) dt.01-04-2026
2/2
occurrence.
6. Considering the nature of allegation levelled
against the petitioners , this application is allowed.
7. Let the petitioners, 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 concerned Court below in connection with
Uchakagaon P.S. Case No. 408 of 2025.
8. As a condition of this order, the petitioners, after
being released on bail, are directed to co-operate in the trial
either by appearing personally or through their lawyer in the
trial Court on each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of the bail
bonds of the petitioners.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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