Patna High Court
Tunna Kumar @ Tunna PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
Tunna Kumar petitioned for anticipatory bail in connection with a 2019 case alleging multiple offences under the IPC and the Bihar Prohibition and Excise Amendment Act. The prosecution alleged that co‑accused demanded extortion and stabbed an informant, and that the petitioner assaulted another individual, though no injury report was produced. The petitioner argued that he was falsely implicated, that the specific assault allegation lacked evidence, and that he has a clean antecedent. The court examined the allegations, the lack of corroborating injury evidence, and the petitioner’s claim of false implication. Considering the circumstances, the court granted anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S., including bond requirements and compliance directives. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted under Section 438 of the Code of Criminal Procedure in view of the allegations against the petitioner.
- Whether the absence of an injury report and the claim of false implication justify the grant of bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 307, 323, 324, 325, 34, 341, 379, 384, 504
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- false implication
- extortion
- assault
- Indian Penal Code
- Bihar Prohibition Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55383 of 2025
Arising Out of PS. Case No.-153 Year-2019 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Tunna Kumar @ Tunna Patel, Son of Ramashis Prasad, Village- Bhojpurwa,
PS -Manjhagarh, Dist -Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar Dwivedi, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Gopalganj Town P.S. Case No. 153 of 2019 registered for the
offences under Sections 341, 323, 324, 325, 307, 504, 384, 379,
34 of the Indian Penal Code and 37(b) of the Bihar Prohibition
and Excise Amendment Act, 2018.
3. As per the prosecution case, the informant has
alleged that the petitioner, along with other co-accused persons
variously armed, came near the informant and it is alleged that
one Vipin Kumar Patel, a co-accused demanded rangdari from
the informant and when he refused to give the same, he stabbed
him with a knife with an intention to kill. It is further alleged
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that when one Niraj Kumar Sharma tried to intervene and save
him, the petitioner is alleged to have assaulted him on his neck
with a knife.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case with general
and omnibus allegations. It has further been submitted that
specific allegation of assaulting Niraj Kumar Sharma is not
substantiated by any injury report and from perusal of the entire
case diary, it would be found that there is not a single injury
report with regard to Niraj Kumar Sharma. It has thus been
submitted that the false implication of the petitioner in the
present can be ascertained from the aforesaid fact and the
witnesses who have been examined during the course of
investigation have merely stated that the petitioner was also
present along with the other accused persons. It has lastly been
submitted that the petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
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within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Gopalganj Town P.S. Case No. 153 of 2019, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure read with corresponding Section 482(2) of
B.N.S.S. as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
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allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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