Patna High Court
Tinku Kumar @ Tinku Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to monetary sureties and attendance conditions.
Summary
The petitioner, Tinku Kumar, was charged under IPC sections 380, 341, 323 and 34 for an alleged attempt at theft during which he assaulted an informant, causing simple injury. He had been in custody since 4 September 2025. He applied for bail, arguing that the injury was minor and the nature of the offences did not warrant continued detention. The Court examined the seriousness of the charges, the duration of custody, and the simplicity of the injury, and concluded that bail was appropriate. Accordingly, the Court ordered his release on bail of Rs.10,000 with two sureties, both close relatives, and imposed conditions of weekly police station attendance. Any default would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner charged with theft, assault and common intention offences given the nature of the allegations and the simple injury caused.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 380
Subjects
- bail
- Indian Penal Code
- theft
- assault
- simple injury
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87654 of 2025
Arising Out of PS. Case No.-453 Year-2023 Thana- KHIJARSARAI District- Gaya
======================================================
Tinku Kumar @ Tinku Kumar Singh Son of Anil Singh R/o Village - Belma,
Post and P.S. - Khizersarai, Distt. - Gaya.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ajay Kumar Sinha, Advocate
Ms. Anjali Kumari, Advocate
For the Opposite Party : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 25-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Khizersarai P.S. Case No.453 of 2023 registered for the offence
under Sections 380, 341, 323, 34 of the Indian Penal Code.
3. The petitioner is alleged to have tried to
commit theft and in that course, he assaulted the informant
causing simple injury.
4. The petitioner is in custody since
04.09.2025.
5. Considering the nature of allegation levelled
against the petitioner, his period of custody and also the fact that
the injury sustained by the informant is simple in nature, this
bail application is allowed.
Patna High Court CR. MISC. No.87654 of 2025(5) dt.25-03-2026
2/2
6. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, 1st Class, Gaya / concerned Court
below, in connection with Khizersarai P.S. Case No.453 of
2023, subject to the condition that both the bailors will be the
close relatives of the petitioner.
7. This is also subject to the condition that the
petitioner, after being released on bail, is directed to mark his
attendance at Khizersarai Police Station, District- Gaya, on
every Sunday of the month. Any default in appearance at the
police station will result in cancellation of bail bonds of the
petitioner.
(Sandeep Kumar, J)
pawan/-
U T
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