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Patna High Court

Tuntun SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court rejected the petitioners' application for anticipatory bail.

Summary

The petitioners, Tuntun Sah and Mantu Kumar, were implicated in a 2020 FIR (PS Case No. 337) for offences under Sections 341, 323, 385, 387, 436, 379, 504 and 34 of the IPC. They filed an anticipatory bail application in January 2026, having previously had similar applications rejected by the District Judge in 2020 and by this Court in April 2025. The State argued that the petitioners delayed asserting their right to bail, especially after another co‑accused obtained anticipatory bail in a related matter (Cr. Misc No. 62409 of 2022, order dated 3‑7‑2023). The petitioners were unable to rebut this submission. Relying on the delay and the earlier rejections, the Court declined to grant anticipatory bail, holding that a person who does not approach the Court in time should not be dealt leniently.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners despite prior rejections and a five‑year delay.
  • Whether the delay in filing the application amounts to a waiver of the right to anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • delay
  • criminal procedure
  • IPC offences
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3258 of 2026
                  Arising Out of PS. Case No.-337 Year-2020 Thana- PAHARPUR District- East Champaran
                 ======================================================
           1.     Tuntun Sah S/o- Hari Sah Resident of Village- Amwa nijamat Ps- Paharpur
                  District-East Champaran Bihar
           2.    Mantu Kumar @ Anjay Kumar S/o- Baltu Sah Resident of Village- Amwa
                 nijamat Ps- Paharpur District-East Champaran Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Tiwari
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State, Sri Chandra Bhushan Prasad.

                             2.    The petitioners apprehend their arrest in connection

                   with Paharpur PS Case No. 337 of 2020 registered for the

                   offences punishable under Sections 341, 323, 385, 387, 436,

                   379, 504 and 34 of the Indian Penal Code.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners has antecedent of three cases.

                             4.    At this stage, the learned APP submits that the case

                   is of the year 2020 and the prayer for anticipatory bail of the

                   petitioner was rejected by learned District Judge in the year

                   2020 itself, five years thereafter again ABP no. 1449 of 2025
            Patna High Court CR. MISC. No.3258 of 2026(2) dt.28-04-2026
                                                        2/2




                      was filed (i.e. the instant ABP) and the same came to be rejected

                      on 22-4-2025 and thereafter the instant anticipatory bail

                      application has been filed in January 2026. Learned APP thus

                      submits that petitioner was sleeping over his right and only

                      when some other accused in the FIR was granted the privilege

                      of anticipatory bail, the petitioner woke from his slumber, but

                      then the accused who was granted the privilege of anticipatory

                      bail by this Court in Cr. Misc No. 62409 of 2022, was granted

                      the said privilege by an order dated 3-7-2023, but still the

                      petitioner was sleeping over his right. It is submitted that a

                      person who does not approach the Court in time should not be

                      dealt leniently.

                               5.     Learned counsel for the petitioners is not in a

                      position to rebut the submission of the learned APP.

                               6.     Considering the submission made by learned APP,

                      the Court is not inclined to extend the privilege of anticipatory

                      bail to the petitioners.

                               7.     Accordingly, the prayer for anticipatory bail of the

                      petitioners is rejected.



                                                (Satyavrat Verma, J)
Sumit/-
U       T


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