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Patna High Court

Tuntun Mandal @ Tuntun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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