Patna High Court
Tuttu @ Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 27
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
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
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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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