Patna High Court
Tuntun SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to conditions, as the allegations against them were not specific and the cause of death was unrelated to their alleged conduct.
Summary
The petitioners, Tuntun Sah and Jamdar Sah, sought anticipatory bail in connection with a murder case (PS Case No. 46 of 2024) involving offences under Sections 147, 148, 149, 326, 307 and 302 of the IPC. The prosecution alleged that a dispute over a parked motorcycle led to an assault on the informant’s husband, followed by acid attack and eventual death. The petitioners contended they were falsely implicated, arguing that the specific violent act was committed by another accused, Bullet Puri, and that the post‑mortem report showed death due to head injury with no acid injury. The court noted that the allegation against the petitioners was general and omnibus, and that other co‑accused had already been granted anticipatory bail. Considering the lack of direct evidence linking the petitioners to the fatal injury, the court granted them anticipatory bail subject to strict conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite only a general and omnibus allegation against them.
- Whether the post‑mortem findings indicating death by head injury affect the necessity of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 302, 307, 326
Subjects
- anticipatory bail
- general allegation
- omnibus allegation
- head injury
- IPC
- CrPC
- bail conditions
- murder case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25256 of 2026
Arising Out of PS. Case No.-46 Year-2024 Thana- HATHUA District- Gopalganj
======================================================
1. Tuntun Sah son of Motichand Sah RESIDENT OF VILL- MACHHAGAR
JAGDISH, PS- HATHUA, DISTT- GOPALGANJ
2. Jamdar Sah son of Motichand Sah RESIDENT OF VILL- MACHHAGAR
JAGDISH, PS- HATHUA, DISTT- GOPALGANJ
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priya Raj, Adv.
Mr. Partha Sarthy, Adv.
Mr. Diwakar Pandey, Adv.
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Hathua P.S. Case No. 46 of 2024 registered for
the offence punishable under Sections-147, 148, 149, 326, 307,
302 of the Indian Penal Code.
3. As per prosecution case, in the backdrop of petty
feud of parking motorcycle, the dispute arose and in
consequence thereof, being annoyed from the informant, the co-
accused Bullet Puri called the accused persons through phone
who came with weapons and started assaulting the informant’s
husband, as a result of which, the informant’s husband got down
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on the ground and thereafter, acid was poured on the face of
informant’s husband which caused grievous injury to the
informant’s husband who was taken to hospital for treatment
and later on, he succumbed to the injuries.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have falsely been
implicated in the case. They have no concern with the alleged
occurrence. The specific allegation of overt act is against Bullet
Puri with whom, there is case and counter case. The allegation
against these petitioners is general and omnibus in nature. As
per postmortem report, the external examination of the deceased
is mentioned as:-Rigor mortis present in all four limbs, both eye
closed. Mouth open and bleeding from right side, Right ear
bleeding present, Lacerated would of size-0.5 cmx 0.5 cm x
skin deep on right ear, bruise of size 3 cm x 2 cm on right arm,
lacerated would of size 3 cm x 1 cm x skin deep on right hand,
lacerated would of size 4 cm x 1 cm x skin deep on right leg
and left knee swelling of size -3 cm x 2 cm and dislocated. As
per the external examination, no any acid injury was found on
the deceased and the cause of the is head injury caused by
impact of hard and blunt substance. It is next submitted that the
other co-accused persons have already been extended the
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privilege of anticipatory bail by co-ordinate bench of this court.
5. Learned APP for the State opposes the prayer for
grant of anticipatory bail of the petitioners.
6. Considering the fact that the cause of death of the
deceased is head injury which is attracted to other co-accused
persons and so far as petitioners are concerned, there is general
and omnibus allegation against them coupled with the fact that
the other co-accused persons have already been extended the
privilege of anticipatory bail by co-ordinate bench of this court,
let the petitioners above named in the event of their arrest or
surrender before the court below within a period of four weeks
be released on anticipatory bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-X, Gopalganj in connection with Hathua P.S. Case
No. 46 of 2024 , 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 family
member/relative/known of the petitioners who shall provide
official document/personal affidavit to show his/hr bona fide;
(ii) The petitioners shall appear before the trial court
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on each and every date fixed in the case and if, his failure to do
so on two consecutive dates without plausible reason, will entail
cancellation of their bail bonds by the Trial Court itself;
(iii) The petitioners 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;
(iv) The petitioners shall desist from committing any
criminal offence again, failing which, the State shall be at
liberty to take steps for cancellation of the bail bonds.
(Ajit Kumar, J)
A.K.V.//-
U T
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