Tinku Kumar @ Tinku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33770 of 2025 Arising Out of PS. Case No.-432 Year-2024 Thana- PAROO District- Muzaffarpur ====================================================== Tinku Kumar @ Tinku Singh Son of Naval Kishore Singh, R/o villageJamuna, P.S-. Paroo District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gouranga Chatterjee, Sr. Advocate Mr. Nilanjan Chatterjee, Advocate Mr. Ujjwal Raj, Advocate Mr. Anirvan Choudhary, Advocate Mr. Sahil Kumar, Advocate For the State :

Mr. Choubey Jawahar, APP For the Informant :

Mr. Kumaresh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.

2. The petitioner seeks bail, apprehending his arrest, in connection with Paroo P.S. Case No. 432 of 2024, dated 26.11.2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 352, 333, 351(2), 351(3) of BNS, 2023 and Section 27 of the Arms Act.

3. As per allegation, the petitioner and coaccused/Nawal Kishore Singh along with ten unknown persons came to the house of the informant and assaulted him by iron rod as well as shooting at the informant.

Patna High Court CR. MISC. No.33770 of 2025(3) dt.20-08-2025 2/3

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the whole F.I.R. is based only on suspicion and the informant is not an eye-witness to the alleged occurrence. The informant has filed one application before learned Trial Court that on account of misconception, he has given the name of the petitioner. As a matter of fact, the informant has not seen who caused the injury. The father of the informant has also filed a counter affidavit on record to that effect.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his

Patna High Court CR. MISC. No.33770 of 2025(3) dt.20-08-2025 3/3 furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Paroo P.S. Case No. 432 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) shoaib/- U T