Patna High Court
Shiv Kumar @ Tuntun YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Shiv Kumar @ Tuntun Yadav was arrested in connection with a June 2023 incident in which he allegedly assaulted his brother and other persons, leading to charges under several sections of the Indian Penal Code. The petitioner filed a bail application, claiming innocence and alleging that the FIR was fabricated due to a land dispute. The prosecution opposed bail, citing the seriousness of the offences and the petitioner's prior criminal record. The court examined the facts, the nature of the offences, and the petitioner's antecedents, and decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties, cooperation with the trial, attendance at court dates, and no tampering with evidence or concealment of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and his criminal antecedent
Legislation cited
- Indian Penal Code — s. 307, 323, 325, 34, 341, 379, 504, 506
Subjects
- bail
- Indian Penal Code
- assault
- criminal antecedent
- court conditions
- trial cooperation
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26159 of 2026
Arising Out of PS. Case No.-563 Year-2023 Thana- JAHANABAD District- Jehanabad
======================================================
Shiv Kumar @ Tuntun Yadav Son of Mathura Yadav Resident Of Village
-Gaulakshani, Ps- Jehanabad, DIst- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Arvind Prasad Singh, learned counsel for
the petitioner as well as Mr. Pranav Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.02.2026 in connection with Jehanabad P.S. Case No.
563/2023, F.I.R. dated 18.06.2023 for the offences punishable
under Sections 341, 323, 325, 307, 379, 504, 506 and 34 of the
Indian Penal Code.
3. According to prosecution case, on 10-06-2023, at
about 7-00 A. M., the informant was at his house, then all of a
sudden, the petitioner Shiv Kumar @ Tuntun Yadav being his
brother, entered into his house and assaulted by means of khanti
on he head and elbow of left hand of the informant whereas co-
accused persons also entered into the house and began to abuse
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the informant. It is further alleged that when the informant's
wife came there to rescue, then co-accused Lav Kush Kumar
pointed his pistol from his waist and threatened to kill. It is
further alleged that the co-accused Sunaina Devi dashed the
informant's wife to the ground whereas the co-accused
Khushboo Kumari snatched ear-ring from the wife of the
informant. The injured was brought to Sadar hospital, Jehanabd
from where he was referred to PMCH, Patna.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated. Learned counsel submits that the informant is full
brother of the petitioner and due to some land dispute the
present occurrence has taken place. Although, there is specific
allegation against the petitioner of assaulting the informant by
means of iron rod but there is no intention to kill anyone and
due to spur of moment the present occurrence took place. He
further submits that the police after investigation submitted the
charge sheet against the petitioner and the petitioner is in
custody since 10.02.2026.
5. The learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner on the
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ground that petitioner carries one criminal antecedent other than
the present one but fairly submits that on the basis of paragraph-
3 of the bail application that the petitioner is on bail in the said
matter. It is further submitted that there is specific allegation
against the petitioner of assaulting the informant who happens
to be his full brother.
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 C.J.M.
Jehanabad in connection with Jehanabad P.S. Case No.
563/2023, 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
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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)
atul/-
U T
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