Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30330 of 2026 Arising Out of PS. Case No.-412 Year-2024 Thana- MUNGER MUFFASIL District- Munger ====================================================== 1.

Rupesh Kumar S/o Murari Tanti R/o Village/Muhalla - Mahadeopur Nawagarhi, P.S. - Muffasil, District - Munger. 2.

Tuntun Tanti S/o Lucho Tanti R/o Village/Muhalla - Khagaria, Nawagarhi, P.S. - Khagaria, District - Khagaria.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-05-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Munger Muffasil P.S. Case No. 412 of 2024, dated 01.12.2024, registered for the offences punishable under Sections 126(2), 115(2), 109, 74, 352 and 351(2) read with Section 3(5) of the B.N.S., 2023.

3. As per prosecution case, over a dispute on passage, the petitioners and other co-accused persons, armed with iron-rod, lathi and danda, assaulted the informant, her brother and sister-in-law of the informant. The allegation against the petitioner Rupesh Kumar is that he gave iron-rod blow on the head of the informant causing its fracture and also disrobed

Patna High Court CR. MISC. No.30330 of 2026(2) dt.08-05-2026 2/3 her. While escaping, the petitioner Tuntun Tanti gave iron-rod blow on the hand of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Admittedly, there is previous enmity between the parties. Only one injury was found on the parietal region of the informant and the said injury was found to be simple. The allegation for causing this injury is against petitioner Rupesh Kumar. Similarly, injury caused by petitioner Tuntun Tanti appears to be merely an abrasion caused on the hand of the informant. Learned counsel further submits that in the aforesaid background, petitioners have been made accused in the present case. The petitioners are having antecedent of one case and they are on bail in the said case. The said case was instituted by the other side.

5. Learned APP opposes the submissions made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple nature of injuries and the background of dispute and possibility of false accusation, let the petitioners, above-named, in the event of their arrest or surrender before the Court

Patna High Court CR. MISC. No.30330 of 2026(2) dt.08-05-2026 3/3 concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Munger Muffasil P.S. Case No. 412 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned trial Court.

(Arun Kumar Jha, J) Shahnawaz/- U T