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Patna High Court

Tuntun Kumar @ Tuntun YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Tuntun Kumar, sought anticipatory bail after an FIR was lodged three days after an alleged assault on a neighbour over a drain dispute, resulting in non‑grievous injuries. The FIR listed offences under several IPC sections, but the petitioner argued the delay in filing and the existence of a counter‑case indicated a petty, spontaneous fight. The State opposed bail, citing the seriousness of the allegations. The Court considered the delay, the nature of injuries, and the mutual disputes, and granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, including a relative as bailor and cooperation with investigation. The order directs surrender within four weeks and allows cancellation for non‑cooperation.

Issues considered

  • Whether anticipatory bail should be granted despite the FIR alleging multiple IPC offences.
  • Whether the three‑day delay in lodging the FIR and the non‑grievous nature of injuries justify bail.
  • Whether conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS 2023 are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • delay in FIR
  • neighbour dispute
  • IPC offences
  • bail conditions
  • CrPC
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57864 of 2025
                    Arising Out of PS. Case No.-362 Year-2023 Thana- MURLIGANJ District- Madhepura
                 ======================================================
                 Tuntun Kumar @ Tuntun Yadav S/o Jagdish Yadav R/o Village- Tamout
                 Parsa, P.S.- Murliganj, District- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rupesh Kumar, Advocate
                                          :       Ms. Laxmi Kumari, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   21-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 341, 323,

                   324, 379, 307, 354(A), 504, 506 and 34 of the Indian Penal

                   Code.

                                 3.      The allegation in the First Information Report is

                   of assaulting the informant and others causing injuries to them.

                                 4.     Learned counsel for the petitioner submits at the

                   outset that the First Information Report has been lodged after a

                   delay of three days inasmuch as, while the occurrence had taken

                   place on 30.08.2023, the F.I.R. was lodged on 02.09.2023 for

                   which no explanation has been tendered. Further, there is case
Patna High Court CR. MISC. No.57864 of 2025(4) dt.21-01-2026
                                            2/3




          and counter case between the parties, the case lodged from the

          petitioner’s side being Murliganj P.S. Case No.72 of 2023. So

          far as the allegation pertaining to the petitioner is concerned, it

          is stated that he had given a Khanti blow on the head of the

          informant, the injury report, which is a part of the case diary,

          indicates a lacerated wound with soft tissue swelling of scalp

          and the injury has not been indicated to be grievous in nature. It

          is submitted that the dispute had taken place at the spur of the

          moment on a petty issue of flowing of drain and with regard to

          the same a free fight took place between the parties, who are

          neighbours.

                       5. Learned APP for the State opposed the prayer for

          anticipatory bail on the basis of allegations made in the First

          Information Report.

                       6.      Taking into consideration the facts and

          circumstances and considering the factum of delay in lodging

          the F.I.R., coupled with the fact that there is case and counter

          case between the parties and serious injuries not being caused to

          the informant and the injured Vinod Kumar, let the above named

          petitioner, be released on bail, in the event of his arrest or

          surrender before the learned Court below within a period of four

          weeks from today, on furnishing bail bond of Rs. 10,000/-
            Patna High Court CR. MISC. No.57864 of 2025(4) dt.21-01-2026
                                                        3/3




                      (Rupees 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 Murliganj

                      P.S. Case No. 362 of 2023, subject to the condition as laid down

                      under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the

                      Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to

                      further condition(s):

                                              “(i) One of the bailors will be his own blood
                                              relative, preferably, father, mother, brother,
                                              sister and/or his wife.
                                              (ii) The petitioner shall co-operate with the
                                              investigation, if not already concluded and
                                              make himself available as and when so
                                              required, failing which the prosecution will be
                                              at liberty to move cancellation of his bail
                                              bond.”



                                                (Soni Shrivastava, J)
anand/-
U       T


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