Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that, considering the minor injuries and the likelihood of false accusation, the petitioners are entitled to bail under Section 482(2) of the B.N.S.S., subject to prescribed conditions.
Summary
The petitioners, Rupesh Kumar and Tuntun Tanti, sought relief from imminent arrest in a case (Munger Muffasil P.S. Case No. 412 of 2024) alleging assault with iron rods causing injuries under several sections of the B.N.S., 2023. The prosecution alleged that Rupesh struck the informant’s head causing a fracture and that Tuntun struck the informant’s hand. The petitioners contended they were falsely implicated, noting the injuries were simple and the dispute stemmed from a prior enmity. The Court examined the nature of the injuries, the background of the dispute, and the possibility of false accusation. Finding the injuries minor and the circumstances suggestive of a false charge, the Court exercised its power under Section 482(2) of the B.N.S.S. to grant bail, subject to conditions and surety requirements. The order directed the petitioners to appear before the trial court and remain present on all dates.
Issues considered
- Whether the petitioners are entitled to bail under Section 482(2) of the B.N.S.S. given the nature of the alleged offences.
- Whether the simple nature of injuries and the background of dispute justify the grant of bail despite the seriousness of the charges.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 74
- B.N.S.S. — s. 482(2)
Subjects
- bail
- false accusation
- assault
- simple injury
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30330 of 2026
Arising Out of PS. Case No.-412 Year-2024 Thana- MUNGER MUFFASIL District- Munger
======================================================
1. Rupesh Kumar S/o Murari Tanti R/o Village/Muhalla - Mahadeopur
Nawagarhi, P.S. - Muffasil, District - Munger.
2. Tuntun Tanti S/o Lucho Tanti R/o Village/Muhalla - Khagaria, Nawagarhi,
P.S. - Khagaria, District - Khagaria.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. In the present case, the petitioners are
apprehending their arrest in connection with Munger Muffasil
P.S. Case No. 412 of 2024, dated 01.12.2024, registered for the
offences punishable under Sections 126(2), 115(2), 109, 74, 352
and 351(2) read with Section 3(5) of the B.N.S., 2023.
3. As per prosecution case, over a dispute on
passage, the petitioners and other co-accused persons, armed
with iron-rod, lathi and danda, assaulted the informant, her
brother and sister-in-law of the informant. The allegation against
the petitioner Rupesh Kumar is that he gave iron-rod blow on
the head of the informant causing its fracture and also disrobed
Patna High Court CR. MISC. No.30330 of 2026(2) dt.08-05-2026
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her. While escaping, the petitioner Tuntun Tanti gave iron-rod
blow on the hand of the informant.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. Admittedly, there is previous enmity between the
parties. Only one injury was found on the parietal region of the
informant and the said injury was found to be simple. The
allegation for causing this injury is against petitioner Rupesh
Kumar. Similarly, injury caused by petitioner Tuntun Tanti
appears to be merely an abrasion caused on the hand of the
informant. Learned counsel further submits that in the aforesaid
background, petitioners have been made accused in the present
case. The petitioners are having antecedent of one case and they
are on bail in the said case. The said case was instituted by the
other side.
5. Learned APP opposes the submissions made on
behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
simple nature of injuries and the background of dispute and
possibility of false accusation, let the petitioners, above-named,
in the event of their arrest or surrender before the Court
Patna High Court CR. MISC. No.30330 of 2026(2) dt.08-05-2026
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concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Munger, in connection with Munger Muffasil P.S.
Case No. 412 of 2024, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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