Patna High Court

Tuntun RayversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to conditions.

Summary

The petitioner, Tuntun Ray, was arrested in connection with offences under Sections 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023, after police raided his house and recovered a motorcycle and its parts. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that he has no prior criminal record, while noting that a co‑accused had already been granted bail. The State opposed the bail application. Considering the lack of direct evidence, the petitioner’s clean record, and the period of custody already endured, the Court decided to grant bail subject to monetary sureties and conditions of appearance. The order directs the petitioner to furnish a bail bond of Rs.15,000 with two sureties, one of whom must be a close family member, and to appear at every trial date.

Issues considered

Whether bail should be granted to the petitioner accused under Sections 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023, given the facts of the case.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 317(4), 317(5)

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
Section 317
police raid
custody
sureties
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88876 of 2025
                     Arising Out of PS. Case No.-243 Year-2024 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Tuntun Ray S/O Lalbabu Rai Resident Of Village Rustampur, ward No 12, Ps
                 Rustampur, Raghopur, Dist Vaishali At Hajipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sachin Kumar, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Raghopur

                   P.S. Case No. 243 of 2024, instituted for the offences punishable

                   under Sections 317(4) and 317(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                           3. The prosecution case, in short, is that police on the

                   basis of secret information raided the house of Tuntun Rai

                   (petitioner) and arrested co-accused Santosh Rai whereas other

                   accused persons fled away. It is further alleged that one

                   motorcycle and different parts of the motorcycle were recovered

                   from the spot.

                           4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.88876 of 2025(2) dt.30-01-2026
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          petitioner is innocent and has falsely been implicated in the

          present case. No incriminating material has been recovered from

          the conscious possession of the petitioner. Learned counsel for

          the petitioner submits that the petitioner was not arrested on

          spot. It is next submitted that the alleged recovery has been

          made from the joint house of the petitioner where other family

          members also reside. The petitioner is in custody since

          08.09.2025 and has got no criminal antecedent. Learned counsel

          for the petitioner further submits that other co-accused has been

          granted regular bail by this Court vide order dated 17.01.2026

          passed in Cr. Misc. No. 2793 of 2026.

                  5. Learned APP for the State has vehemently opposed the

          prayer for grant of bail to the petitioner.

                  6. Considering the aforesaid facts and circumstances of

          the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                  7. Let the petitioner be released on bail on furnishing bail,

          after framing of charge, if not already framed, bonds of Rs.

          15,000/- (Rupees Fifteen Thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with           Raghopur P.S. Case No. 243 of 2024,
           Patna High Court CR. MISC. No.88876 of 2025(2) dt.30-01-2026
                                                       3/3




                     subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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