Patna High Court
Sunil TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, directing release upon bond and sureties if arrested within six weeks.
Summary
The petitioners, Sunil Tanti and Kundan Tanti, applied for anticipatory bail after being implicated in a case registered under multiple sections of the BNS, 2023, alleging they created a ruckus during a religious immersion and assaulted police. They contend they have clean antecedents and were falsely implicated by an informant, having merely arrived at the scene out of curiosity. The State opposed the bail, arguing the seriousness of the offences. The Court considered the petitioners' clean record, the nature of the allegations, and the provisions of Section 482(2) for granting bail. It ordered that, if arrested within six weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties each. The anticipatory bail application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the provisions of Section 482(2) in view of the allegations under Sections 191(2), 190, 126(2), 115(2), 117(2), 118(1), 109(1), 132, 125(a), 125(b), 351(2) and 352 of the BNS, 2023.
Legislation cited
- BNS, 2023 — s. 109, 115, 117, 118, 125, 126, 132, 190, 191, 351, 352
- Criminal Procedure Code — s. 482
Subjects
- anticipatory bail
- Section 482
- BNS 2023
- false implication
- clean antecedent
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38450 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- CHANDRAMANDI District- Jamui
======================================================
1. Sunil Tanti son of Kartik Tanti Resident Of Village- Chandramandi, Ps-
Chandramandi, Dist- Jamui
2. Kundan Tanti @ Kundan Kumar @ Kundan Kumar Tanti Son of Shyam
Sundar Tanti Resident Of Village- Chandramandi, Ps- Chandramandi, Dist-
Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioners and learned
A.P.P. for the State, Mr. Rabindra Kumar.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2), 190,
126(2), 115(2), 117(2), 118(1), 109(1), 132, 125(a), 125(b), 351(2)
and 352 of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that during immersion of goddess Saraswati, the accused
persons including the petitioners created ruckus and pelted stones
at the police force and four named accused persons got arrested
and rest fled and their names transpired based on video footage
and from rural sources.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.38450 of 2026(2) dt.16-06-2026
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informant, it is next submitted that petitioners are resident of a
place nearby to the place of occurrence and when ruckus was
created, they out of inquisitiveness came to the place of occurrence
and came to be implicated. It is reiterated and submitted that
petitioners are persons with clean antecedent.
5. Learned A.P.P. for the State opposes the anticipatory
bail application of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bonds of
Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Chandramandi P.S. Case No. 24 of 2026 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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