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Patna High Court

Tuntun SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.25256 of 2026(2) dt.22-04-2026
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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
Patna High Court CR. MISC. No.25256 of 2026(2) dt.22-04-2026
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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
            Patna High Court CR. MISC. No.25256 of 2026(2) dt.22-04-2026
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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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