Patna High Court
Tuntun Tanti @ Tuntun KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The petitioner is entitled to bail, subject to bond and conditions, as past antecedents alone do not warrant denial of bail.
Summary
The petitioner, Tuntun Tanti, was implicated in a case (PS Matihani Case No. 120 of 2023) involving offences under several IPC sections, including assault and robbery. He contended that the FIR was lodged two days after the alleged incident and that the injuries reported were minor, not supporting the serious charges. The State opposed bail, citing three prior criminal antecedents as evidence of a habitual criminal mindset. The Court noted the delay in filing the FIR, the simple nature of the injuries, and held that past criminal records alone cannot justify denial of bail without substantive material. Consequently, the Court ordered that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and specific conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite prior criminal antecedents.
- Whether the delay in lodging the FIR and the nature of the injuries justify granting bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506
Subjects
- bail
- pre‑arrest bail
- criminal antecedent
- delay in FIR
- simple injury
- IPC
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91938 of 2025
Arising Out of PS. Case No.-120 Year-2023 Thana- MATIHANI District- Begusarai
======================================================
Tuntun Tanti @ Tuntun Kumar S/o- Bisho Tanti R/V- Ramdiri Mahaji PS-
Matihani Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar, Adv.
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Matihani P.S. Case No. 120 of 2023, registered for the
offences punishable under Sections 323, 307, 379, 341, 504, 506
and 34 of the Indian Penal Code.
3. The allegation against the petitioner is of causing
assault by means of iron rod, due to which the informant
sustained serious injuries, besides there is further allegation
against other accused persons of assaulting, abusing and
snatching of Rs. 5,000/-
4. Learned Advocate for the petitioner submitted that
the alleged occurrence took place in the evening of 01.08.2023,
but the present FIR came to be instituted on 03.08.2023. Besides
Patna High Court CR. MISC. No.91938 of 2025(2) dt.28-01-2026
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the allegation against the petitioner of causing iron rod blow
over the head of the informant, there is similar allegation against
other accused persons of causing injury. However, the informant
has sustained only two injuries, which is also simple in nature
and, as such, the injury report does not corroborate the
allegation. Moreover, the prayer for bail of the petitioner has
been rejected only on account of his past three criminal
antecedent of the year 2018, however, he is on bail in all the
cases. The petitioner further undertakes before this Court that he
will fully co-operate in the proceeding of the Court and will not
indulge in such activities in future.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that that
three criminal antecedent of the petitioner clearly suggest that
he is a habitual offender carrying criminal bent of mind.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the delay in lodging of the FIR, coupled with the simple nature
of injury, besides the fact that mere criminal antecedent of a
person cannot be the sole ground to reject the prayer for bail,
unless there is some cogent material, let the petitioner above
named be released on bail, in the event of his arrest or surrender
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before the court below within a period of four weeks from the
date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate cum A.M, Begusarai in connection with
Matihani P.S. Case No. 120 of 2023, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 with the further conditions that:-
(i) One of the bailors shall be the own/close family
members of the petitioner.
(ii) If the petitioner is found involve in
intimidating/threatening the witnesses or the informant or would
indulge in such activities in future, the informant/State shall be
at liberty to file appropriate application for cancellation of his
bail bond(s).
(Harish Kumar, J)
shivank/-
U T
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