Patna High Court
Tuntun Choudhary @ Tuntun Kumar @ Tuntun ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and specific conditions, exercising its inherent powers under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Tuntun Choudhary, sought anticipatory bail after being implicated in a kidnapping and human trafficking case (PS Case No. 14 of 2026) under Sections 137(2), 140(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the informant's daughter was abducted by Gulshan Kumar, the petitioner's nephew, but no specific allegation was made against the petitioner himself. The petitioner argued that he was falsely implicated solely because of his familial relationship and highlighted his clean antecedents. The Additional Public Prosecutor opposed the bail. The Court, after noting the lack of specific allegations against the petitioner, exercised its power under Section 482(2) of the B.N.S.S. and granted anticipatory bail subject to a bond, sureties, and conditions to appear before the trial court and not tamper with evidence.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not specifically implicated in the offence.
- Whether the Court can exercise its inherent powers under Section 482(2) of the Bhartiya Nyaya Sanhita to grant bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 140(2), 183, 3(5), 482(2)
Subjects
- anticipatory bail
- kidnapping
- human trafficking
- false implication
- Bhartiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23788 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- Mufassil District- Khagaria
======================================================
Tuntun Choudhary @ Tuntun Kumar @ Tuntun Chaudhary S/o Hareram
Chaudhary R/o Village - Rahimpur Charkhutti, Ward No. 14, P.S. - Mufassil,
Dist. - Khagaria, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Roy, Adv.
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Mufassil P.S. Case No. 14 of 2026 dated
27.01.2026 registered for the offence punishable under Section/s
137(2), 140(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant’s 21-
year-old daughter went to the market on 26.01.2026 but did not
return, and it is suspected that Gulshan Kumar and his family
members have kidnapped her for human trafficking with
wrongful intent.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. The petitioner is the uncle of the co-accused,
Patna High Court CR. MISC. No.23788 of 2026(2) dt.16-04-2026
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Gulshan Kumar @ Chhotu, who is said to be in a love affair
with the informant’s daughter, and both of them have also
solemnized marriage in Delhi with their mutual consent and, for
this reason, the entire family has been implicated in this case. It
is further submitted that no role of the petitioner, as uncle, has
been mentioned in the statement of the victim girl recorded
under Section 183 of the B.N.S.S. It is also submitted that
nothing specific has been alleged against the petitioner and he
has been unnecessarily implicated in the present case merely on
account of his being uncle of the co-accused, Gulshan Kumar.
Lastly, it is stated that the petitioner is a person of clean
antecedents.
5. Learned APP for the State opposes the prayer for
grant of anticipatory bail.
6. Having heard learned counsel for the parties and
considering the fact that nothing specific has been alleged
against the petitioner and the fact that he is the uncle of the co-
accused, Gulshan Kumar, who is said to have love affair with
the informant’s daughter and has also solemnized marriage with
her, as recorded in the statement of the victim girl made under
Section 183 of the B.N.S.S., let the petitioner, above named, be
released on anticipatory bail in the event of his arrest or
Patna High Court CR. MISC. No.23788 of 2026(2) dt.16-04-2026
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surrender before the court below within a period of four weeks
from today on furnishing bail bond of Rs. 10,000/- (rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Khagaria in
connection with Mufassil P.S. Case No. 14 of 2026, subject to
the condition as laid down under Section 482(2) of the B.N.S.S.
as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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