Patna High Court

Tuntun Bind @ Tuntun NishadversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The bail application was rejected; the petitioner was not granted bail.

Summary

The petitioner, Tuntun Bind, was arrested in connection with a murder case (PS Case No. 84 of 2019) involving offences under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act. He contended that he was falsely implicated, that the informant was not an eye‑witness, and that no specific overt act was alleged against him, while asserting he has no prior criminal record. The State opposed bail, alleging the petitioner accompanied the informant's son and was part of the alleged crime. The High Court, considering the gravity of the offences and the material on record, refused to grant bail at this stage, directing the trial court to expedite the trial. The court, however, permitted the petitioner to file a fresh bail application before the trial court if the trial is not concluded within six months.

Issues considered

Whether bail should be granted to the petitioner given the seriousness of the offences under the IPC and Arms Act.
Whether the petitioner has been specifically implicated in the alleged murder or merely a general allegation exists.
Whether the court can deny bail pending trial on the basis of the nature and gravity of the offences.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 147, 148, 149, 302

Subjects

bail
murder
Indian Penal Code
Arms Act
false implication
criminal procedure
trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78585 of 2025
                       Arising Out of PS. Case No.-84 Year-2019 Thana- MARANCHI District- Patna
                 ======================================================
                 Tuntun Bind @ Tuntun Nishad S/o Rajendra Bind @ Rajendra Nishad @
                 Rajendra Mahto R/o vill - Simariya Ghat, Bind Toli, P.S.- Chakiya, Distt.-
                 Begusarai
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Kashyap, Advocate
                 For the Opposite Party/s :       Mr.Anuj Kumar Shrivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with

                   Maranchi P.S. Case No. 84 of 2019, instituted for the offences

                   under Sections 147, 148, 149, 302 of the Indian Penal Code and

                   Section 27 of the Arms Act.

                               3. Prosecution case, in short, is that petitioner along

                   with other co-accused named in the F.I.R. committed murder of

                   the son of the informant.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   informant is not the eye-witness of the occurrence. Learned

                   counsel for the petitioner submits that general and omnibus

                   allegation has been made against the petitioner. No specific

                   overt act is alleged against the petitioner. He further submitted
           Patna High Court CR. MISC. No.78585 of 2025(3) dt.11-02-2026
                                                       2/2




                     that specific allegtion of firing is against co-accused Sanjay Rai

                     @ Sanjay Mahto. Charge-sheet has been submitted in this case.

                     It has been submitted on behalf of the petitioner that the

                     petitioner is in custody since 29.07.2025 and has no criminal

                     antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner. He further

                     submitted that petitioner accompanied the son of the informant

                     from his house.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, nature and gravity of offence this Court is not

                     inclined to grant bail to the petitioner at this stage.

                                  7. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.

                                  8. Learned Trial Court is directed to expedite the trial.

                                  9. However, liberty is granted to the petitioner to

                     renew the prayer for grant of bail before the Trial Court if the

                     trial is not concluded within a period of six months from today.

                     If any such application is filed before the learned court below,

                     the court concerned shall consider the same on its own merit

                     without being prejudiced by this order.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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