Patna High Court
Tuntun Ray @ Tuntun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail, given the doubt raised by the alleged forged injury report and the precedent of bail to a co‑accused.
Summary
The petitioner, Tuntun Ray, was arrested in connection with a FIR alleging assault on an informant and his family under Sections 115(2), 191(2), 191(3), 109 and 352 of the Bhartiya Nayay Sanhita. The petitioner contended that the informant had forged the injury report, misdating the assault to create a false case, and highlighted a prior incident where his brother was shot by the informant. He also pointed out that a co‑accused, Mukesh Ray, had been granted anticipatory bail by a coordinate bench of the same court. The State opposed bail, citing the seriousness of the offences and the petitioner’s criminal antecedents. Considering the alleged forgery, the doubt it raised about the FIR, and the precedent of bail to the co‑accused, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the FIR alleging assault under multiple sections of the BNSS.
- Whether the alleged forgery of the injury report creates sufficient doubt to justify bail.
- Whether the grant of anticipatory bail to a similarly situated co‑accused is a relevant factor.
Legislation cited
- Bhartiya Nayay Sanhita — s. 109, 115(2), 191(2), 191(3), 352, 482(2)
Subjects
- bail
- anticipatory bail
- assault
- injury report forgery
- BNSS
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31075 of 2026
Arising Out of PS. Case No.-428 Year-2024 Thana- MOTIPUR District- Muzaffarpur
======================================================
Tuntun Ray @ Tuntun Kumar S/o Late Murli Ray R/o Village - Purani
Bazaar, P.O. and P.S. - Motipur, Dist. - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioner apprehending his arrest
in connection with Motipur P.S. Case No. 428/2024
registered for the offences punishable under Sections
115(2), 191(2), 191(3), 109, 352 of Bhartiya Nayay
Sanhita.
3. As per FIR, petitioner alleged to assault
informant on 03.12.2024 at about 7:30 AM, where during
the occurrence the informant, his son and nephew received
head and bodily injuries. Informant alleged to receive
grievous injuries.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that prior to this occurrence, the
Patna High Court CR. MISC. No.31075 of 2026(2) dt.13-05-2026
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brother of the petitioner was caused gunshot injury by the
informant and his family members and just to countering the
aforesaid case, immediately after the occurrence which took
place on the same very day i.e. on 03.12.2024, the
informant his son and nephew admitted in a Private Hospital
of Muzaffarpur and obtained the forged injury report. It is
submitted that as per injury report, date of assault was
reported as 04.12.2024, though the occurrence took place in
the early morning of 03.12.2024. Aforesaid forgery also
found apparent in the injury report of son and nephew of the
informant. It is submitted that considering the aforesaid
aspects, one of the learned co-ordinate Bench granted
anticipatory bail to one of the similarly situated co-accused,
namely, Mukesh Ray through Cr. Misc. No. 18569 of 2026
dated 08.04.2026.
5. While explaining criminal antecedent, it is
pointed out that the petitioner found involved in six more
criminal cases, but all are of different and trivial in nature
related with excise, where he is on bail.
6. Learned APP opposed the prayer of bail.
Patna High Court CR. MISC. No.31075 of 2026(2) dt.13-05-2026
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7. In view of aforesaid factual submissions and by
taking note of fact as the injury report prima facie creates a
doubt qua allegation as raised through FIR, coupled with the
fact that similarly situated co-accused person has already
been granted bail by one of the learned co-ordinate Bench of
this Court, as mentioned aforesaid, accordingly, above
named petitioner, in the event of his arrest or surrender
before the learned trial Court, within a period of four weeks
of the order, is directed to be released on bail furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate 1st Class, Court No. 08, West
Muzaffarpur/concerned Court, where the case is pending in
connection with Motipur P.S. Case No. 428/2024, subject to
the conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
veena/-
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