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Patna High Court

Tuttu @ Sanjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, lacking evidence of participation in the firing and facing only prima facie allegations of outraging modesty without sexual intent, the petitioners are entitled to bail.

Summary

The petitioners, Tuttu @ Sanjeet Kumar and Shashi Kumar, were named in an FIR for multiple offences under the IPC and the Arms Act, including alleged firing on an informant's brother and tearing the clothing of women. They contended that they were only brothers of a co-accused and had no role in the firing, and that the alleged tearing of clothing lacked sexual intent, thus not constituting outraging modesty. The State opposed bail, but the court found no evidence linking the petitioners to the firing and held that the modesty‑offence claim was only prima facie. Consequently, the court directed that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each, subject to conditions under Section 482(2) of the CrPC. The bail order was conditioned on their surrender within four weeks and compliance with the lower court’s requirements.

Issues considered

  • Whether the petitioners can be held liable for the offences alleged in the FIR, particularly the charge of outraging modesty without sexual intent.
  • Whether the absence of evidence of participation in the firing warrants the grant of bail.
  • Whether bail may be granted under Section 482(2) of the Criminal Procedure Code in the present circumstances.

Legislation cited

Subjects

  • bail
  • FIR
  • outraging modesty
  • Indian Penal Code
  • Arms Act
  • Criminal Procedure Code
  • prima facie
  • evidence
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41196 of 2026
                      Arising Out of PS. Case No.-385 Year-2025 Thana- DIDARGANJ District- Patna
                 ======================================================
           1.     Tuttu @ Sanjeet Kumar Son of - Ravindra Singh Resident of Mohalla-
                  Hiranandpur, P.S.- Didarganj, District- Patna
           2.    Shashi Kumar Son of Vishwanath Singh Resident of Mohalla- Hiranandpur,
                 P.S.- Didarganj, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar, Adv.
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, Adv.
                 For the Informant        :       Mr. Sujeet Kr. Gupta, Adv.
                                                  Mr. Chandra Shekhar Anand, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   29-06-2026                        Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Didarganj

                   P.S. Case No. 385 of 2025 registered for the offences

                   punishable under Sections 115(2), 126(2), 109, 74,

                   303(2), 351(2), 352, 3(5) of IPC and Section 27 of

                   Arms Act.

                                3. As per FIR, during occurrence co-accused

                   Ravi Kumar ordered co-accused Rahul Kumar to fire

                   upon the brother of the informant hitting to his chest as
Patna High Court CR. MISC. No.41196 of 2026(2) dt.29-06-2026
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          a result of which, he fell down and got unconscious. It is

          alleged that these petitioners torn blouse and saree of

          the ladies during the occurrence.

                       4. It is submitted by learned counsel appearing

          on behalf of the petitioners that the petitioners were

          implicated with present crime in question only being

          brother of the co-accused namely, Rahul Kumar who

          specifically alleged to fire upon the brother of the

          informant during the occurrence. It is pointed out that

          the allegation to torn blouse is not appears to be raised

          that same was town with sexual intent, and therefore,

          allegation of outraging modesty not appears attracting.

          Explaining criminal antecedent, it is submitted that

          petitioners found involved in one more case where they

          are on bail.

                       5. Learned APP duly assisted by learned counsel

          for the informant while opposing the prayer of bail could

          not disputed aforesaid submission.

                       6. In view of aforesaid factual submission and
              Patna High Court CR. MISC. No.41196 of 2026(2) dt.29-06-2026
                                                          3/3




                        by taking note of fact as the occurrence of firing is not

                        available against these petitioners rather they appears

                        prima-facie implicated for outraging the modesty of the

                        ladies during the occurrence prima-facie without any

                        allegation of sexual intent, accordingly both above-

                        named petitioners, in the event of their arrest or

                        surrender before the court below within a period of four

                        weeks, are directed to be released on bail, furnishing

                        bail bond of Rs. 10,000/- (Rupees Ten Thousand) each

                        with two sureties of the like amount each to the

                        satisfaction of the learned J.M. 1 st Class, Patna

                        City/concerned Court, where the case is pending in

                        connection with Didarganj P.S. Case No. 385 of 2025,

                        subject to the conditions as laid down under Section

                        482(2) of BNSS.



                                                                    (Chandra Shekhar Jha, J)
Sudha/-

U         T


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