Patna High Court
Munna Chouhan @ Munna NoniyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Munna Chouhan was accused of offences under Sections 147, 149, 341, 323, 504, 506 and 308 of the IPC for allegedly assaulting an informant and his two sons with lathi, danda and bricks. The petitioner claimed innocence, arguing that the assault allegation was vague, no specific overt act was attributed to him, and the FIR was lodged after an inordinate three‑day delay, casting doubt on the prosecution's case. The State opposed the anticipatory bail application. The Court, considering the nature of the accusation and the delay in filing the FIR, allowed anticipatory bail subject to a bail bond of Rs.10,000, two sureties of equal amount, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed that if the petitioner is arrested or surrenders within eight weeks, the bail should be enlarged by the Chief Judicial Magistrate, Buxar. The decision reflects the Court's discretion to prevent harassment where the prosecution's case appears weak.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences and the three‑day delay in lodging the FIR
- Whether the delay in filing the FIR raises sufficient doubt to merit bail
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be invoked to condition the bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- delay in FIR
- Indian Penal Code
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1012 of 2026
Arising Out of PS. Case No.-224 Year-2023 Thana- ITARHI District- Buxar
======================================================
Munna Chouhan @ Munna Noniya S/o Late Bhrigu Chouhan R/o Village-
Mangolpur, P.S.- Itarhi, Dist.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 147, 149, 341, 323, 504,
506 and 308 of the Indian Penal Code.
3. Prosecution case, in brief, is that this petitioner
along with other co-accused persons assaulted informant and his
two sons by lathi, danda and bricks as a result of which they
sustained injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is general and omnibus and there is no specific
allegation of overt act against petitioner. F.I.R. has been lodged
after inordinate delay of three days which itself raises doubt
over veracity of the prosecution case.
Patna High Court CR. MISC. No.1012 of 2026(2) dt.21-01-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and delay in
lodging the F.I.R., this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Buxar in connection with Itarhi P. S. Case No. 224
of 2023, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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