Tuna Sah @ Tuna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6194 of 2025 Arising Out of PS. Case No.-284 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Tuna Sah @ Tuna Kumar, Male, aged about 20 years, son of Rupindra Sah, resident of Village- Ahiman Chhapra, P.S.- Kalyanpur, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate Mr. Sumit Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Kalyanpur PS Case No.284 of 2024 dated 30.08.2024, instituted under Sections 127(1), 115(2)/ 117(2)/ 109/ 352/ 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on the alleged date of occurrence in the night on account of child dispute, all the accused came at the door of the informant and started abusing the informant. On protest, co-accused Rupindra Sah ordered to assault then the petitioner inflicted knife blow to her husband as a result her husband sustained injury in the right side of the stomach near rib cage. On cry, nearby people came and

Patna High Court CR. MISC. No.6194 of 2025(2) dt.31-01-2025 2/3 her husband was taken to hospital for treatment.

4. Learned counsel for the petitioner submits that both sides are agnates. Further submission is that allegation against the petitioner is that he inflicted knife to the husband of the informant due to which he sustained injury in the right side of the stomach near rib cage. The doctor has opined the said injury as simple in nature. Further submission is that both sides have compromised the matter and a compromise petition has been filed in the Court below. Further submission is that co-accused Rupendra Sah @ Rupindra Sah @ Supindra Sah, Shobha Devi and Madhu Devi have been granted bail by this Court by order dated 08.01.2025 passed in Cr. Misc. No.89565 of 2024. Lastly, it is submitted that the petitioner has no criminal antecedent.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 the learned Chief Judicial Magistrate, Motihari, East Champaran, in Kalyanpur PS Case No.284 of 2024, subject to the conditions

Patna High Court CR. MISC. No.6194 of 2025(2) dt.31-01-2025 3/3 laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T