Tuntun Sah @ Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65178 of 2025 Arising Out of PS. Case No.-43 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Tuntun Sah @ Tuntun Kumar Son of Nandu Sah R/o Village - Barwa, P.S. - Kalyanpur, East Champaran, Motihari, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj, Adv.

For the informant : Mr. Pravin Kumar, Adv. For the Opposite Party/s :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kalyanpur P.S. Case No. 43 of 2024 dated 11.02.2024 registered for the offences punishable u/ss 341, 323, 324, 307, 354B, 379, 504, 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with the other co-accused persons assaulted the informant with iron rod on his head due to which he got injured and due to lathi blow, his left hand got fractured. Further, the petitioner took away Rs. 4000/- from the pocket of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of five days in lodging the F.I.R. and there is

Patna High Court CR. MISC. No.65178 of 2025(3) dt.13-10-2025 2/2 no explanation for this delay. There is case and counter case between the parties. Nothing has been recovered from the conscious possession of the petitioner. The allegation of snatching against the petitioner is ornamental. As per the injury report (Annexure-P/4) of the injured, all the injuries are simple in nature caused by hard blunt substance. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.06.2025.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Kalyanpur P.S. Case No. 43 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T