Patna High Court

Tuntun Rai @ Tuntun KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioners subject to bond and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, a group of individuals from Vaishali district, filed a bail petition fearing arrest in a case registered under several sections of the Bhartiya Nyaya Sanhita for alleged assault with a sword on an informant and his son. The prosecution alleged that on 10 October 2025 the accused attacked the victims, causing injuries. The petitioners contended that the dispute was a petty Gotia feud and that the charge of assault was vague, lacking any specific overt act against them. The State opposed the bail. The Court, after considering the facts, ordered that the petitioners be released on bail upon surrender within eight weeks, subject to a bond of Rs 10,000 with two sureties and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order effectively disposed of the bail petition.

Issues considered

Whether the petitioners are entitled to bail in view of the alleged assault charges
Whether the allegations constitute a specific overt act sufficient to deny bail
Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 can be invoked to grant bail

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(2), 126(2), 3(5), 352

Subjects

bail
Section 482
Bhartiya Nyaya Sanhita
criminal procedure
assault
anticipatory bail
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7186 of 2026
                     Arising Out of PS. Case No.-277 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
           1.     Tuntun Rai @ Tuntun Kumar Son of Shamsher Rai Resident Of Village -
                  Pirmohammadpur, P.S. - Raghopur, Dist. - Vaishali.
           2.    Raushan Kumar Son of Shamsher Rai Resident Of Village - Ramchand
                 Shyamchand, P.S. - Raghopur, Dist. - Vaishali.
           3.    Kajal Kumari D/o Sonu Rai Resident Of Village - Ramchand Shyamchand,
                 P.S. - Raghopur, Dist. - Vaishali.
           4.    Kanchan Devi Wife of Sonu Rai Resident Of Village - Ramchand
                 Shyamchand, P.S. - Raghopur, Dist. - Vaishali.
           5.    Rita Devi @ Gita Devi W/o Shamsher Rai Resident Of Village - Ramchand
                 Shyamchand, P.S. - Raghopur, Dist. - Vaishali.
           6.    Punam Devi @ Punam Kumari W/o Sintu Rai @ Sintu Kumar @ Santoo Rai
                 Resident Of Village - Pirmohammadpur, P.S. - Raghopur, Dist. - Vaishali.
           7.     Sintu Rai @ Sintu Kumar @ Santoo Rai Son of Satyanaryan Rai Resident
                  Of Village - Pirmohammadpur, P.S. - Raghopur, Dist. - Vaishali.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shivjee Singh
                 For the Opposite Party/s :       Mr.Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 117(2),

                   118(2), 109, 352, 3(5) of the Bhartiya Nyaya Sanhita.

                                3. As per prosecution case, on 10.10.2025 at about

                   5.30 PM, all the FIR named accused persons including these

                   petitioners assaulted informant and his son Vipul Rai by means

                   of farsa and sword, causing several injuries to them.
           Patna High Court CR. MISC. No.7186 of 2026(2) dt.19-02-2026
                                                       2/2




                                  4. Learned counsel for the petitioners submits that

                     both parties are Gotiyas and on a petty dispute, Maarpeet took

                     place. Allegation of assault is general & omnibus and no

                     specific overt act has been alleged against these petitioners.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioners, in the event of their

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned A.C.J.M. - XV, Vaishali at Hajipur in

                     connection with Raghopur P.S. Case No. 277 of 2025, subject to

                     condition as laid down under Section 482 of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023.



                                                       (Prabhat Kumar Singh, J)
anay

U      T

Continue reading with your account

Checking your session…