Patna High Court
Tuntun Mandal @ Tuntun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Petitioner Tuntun Mandal was arrested in connection with a murder case (Section 103(1) of the BNS, 2023) and an offence under Section 27 of the Arms Act. He has been in custody since 13 November 2025. The petitioner claims the FIR is false and that his implication stems solely from a co-accused’s confessional statement, asserting his innocence. The prosecution argues that the petitioner confessed to the crime, points to eight prior criminal antecedents, though he is on bail in other pending matters. After hearing both sides, the court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of his criminal antecedents. The bail order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the accused in a murder and arms offence despite alleged confession and prior criminal antecedents.
Legislation cited
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1)
Subjects
- bail
- murder
- Arms Act
- criminal antecedents
- confessional statement
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6544 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- BARIYARPUR District- Munger
======================================================
Tuntun Mandal @ Tuntun Kumar Son of Fulo Mandal Resident of village -
Vijaynagar (Itahri), P.S.- Bariarpur, Distt.- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 23-03-2026 Heard Mr. Kumar Kamal Nayan, learned counsel for
the petitioner and Mr. Yogendra Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.11.2025 in connection with Bariyarpur P.S. Case No. 90 of
2025, F.I.R. dated 25.06.2025 for the offences punishable under
Section 103(1) of the BNS, 2023 and Section 27 of the Arms
Act.
3. According to prosecution case, the informant got
information that his brother has been shot dead by some
unknown miscreants.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.6544 of 2026(3) dt.23-03-2026
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fabricated and the petitioner has not committed any offence as
alleged in the FIR. He further submits that the FIR is lodged
against the unknown and name of the petitioner has been
transpired during investigation on the basis of the confessional
statement of the co-accused, Sonu Kumar which was recorded
in paragraph no. 38 of the case diary in which he has stated that
he met the petitioner and this petitioner has provided him the
arms which was used in committing the present crime in
question and the said Sonu Kumar has fired upon the victim. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 13.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner has confessed his guilt in the present
occurrence and apart from that the petitioner carries eight
criminal antecedents other than the present one but fairly
submits that he is on bail in all the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Patna High Court CR. MISC. No.6544 of 2026(3) dt.23-03-2026
3/3
Chief Judicial Magistrate-II, Munger in connection with
Bariyarpur P.S. Case No. 90 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the 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.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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