Patna High Court
Tuntun RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the anticipatory bail application.
Summary
Petitioner Tuntun Ram, a co‑sharer and neighbour of the complainant, applied for anticipatory bail in a case where he is alleged to be involved in offences under IPC sections 323, 341, 302 and 34. The prosecution alleged that on 11‑10‑2019 the accused entered the complainant’s house, murdered her daughter and later assaulted the complainant. The petitioner contended that he is not named in the FIR, was falsely implicated due to a dispute among co‑sharers, and has a clean antecedent. The court noted the absence of the petitioner’s name in the FIR, the delay in filing the complaint, and his clean record. Considering these factors, the court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail should be granted to the petitioner who is not named in the FIR but faces charges under IPC sections 323, 341, 302 and 34
- Whether the petitioner’s claim of false implication and clean antecedent warrants bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 156(3), 482(2)
- Indian Penal Code — s. 302, 323, 34, 341
Subjects
- anticipatory bail
- false implication
- co‑sharer dispute
- Indian Penal Code
- Criminal Procedure Code
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4343 of 2026
Arising Out of PS. Case No.-93 Year-2023 Thana- KESARIA District- East Champaran
======================================================
Tuntun Ram Son of Late Garbhu Ram Resident of Village- Derwan Mathiya,
P.S.- Kesariya, District- East Champaran at Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 323, 341, 302, 34 of the
Indian Penal Code.
3. Prosecution case, in brief, is that on 11.10.2019 at
about 5:30 P.M. the daughter of the complainant was in the house.
In the meantime, all the F.I.R. named accused persons entered into
the house of complainant and committed murder of her daughter.
The son of complainant informed her about the incident
whereupon she came back to her house and the accused persons
also assaulted her.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R. has falsely been implicated in
this case due to dispute between the co-sharers. The petitioner is
co-sharer and next door neighbour of the complainant. He further
Patna High Court CR. MISC. No.4343 of 2026(2) dt.19-02-2026
2/2
submits that occurrence had taken place on 11.10.2019 and from
perusal of the complainant-cum-first information report it appears
that the complainant is not an eye witness. Post mortem was
conducted on the dead body on 12.10.2019 and first time
complaint has been filed by the complainant on 18.10.2019 i.e.,
after a lapse of seven days and subsequently, the learned
Magistrate directed for lodging F.I.R. under Section 156(3) Cr.P.C.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the
bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event of
his arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of Judicial Magistrate, 1st Class, East
Champaran, Motihari in connection with Kesariya P. S. Case No.
93 of 2023, subject to condition as laid down under Section 482(2)
of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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