Created by Fuzzy Cloud

Patna High Court

Munna @ ShethiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner as the alleged assault caused no injury and the petitioner has a clean antecedent, indicating the case may be a retaliatory counter‑blasting.

Summary

The petitioner, Munna @ Shethi, was implicated in Parsa Bazar Police Station Case No. 478 of 2025 for alleged assault on an informant under several sections of the Bhartiya Nagarik Suraksha Sanhita. The prosecution alleged that the petitioner, along with others, assaulted the informant with a rod over a land dispute, causing head injury. The petitioner contended that he only assaulted the informant with a lathi, causing no injury, and that the case was a retaliatory counter‑blasting of an earlier complaint he had lodged. The learned APP opposed the anticipatory bail, while the petitioner’s counsel highlighted his clean antecedent and the lack of injury. The Court, noting the absence of injury, the petitioner’s clean record, and the possibility of the case being a counter‑blasting, granted anticipatory bail subject to conditions under Section 482(2) of the BNS. The order directed the petitioner to furnish bail bonds and sureties if arrested within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the alleged assault and his antecedents
  • Whether the allegations constitute a cognizable offence warranting denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • false implication
  • clean antecedent
  • counter‑blasting
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16939 of 2026
                     Arising Out of PS. Case No.-478 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Munna @ Shethi S/o Subhash Paswan R/o - Fatehpur, P.S - Parsa Bazar,
                 District - Patna
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prabha Mishra, Adv.
                 For the Opposite Party/s :      Mr.Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                                  ORAL ORDER


2   25-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Parsa Bazar P.S. Case No.478 of 2025 registered for the

                   offence under Sections 126(2)/115(2)/109/352/351(1)/3(5) of

                   the BNS.

                                 3. The prosecution case in brief is that on

                   17.11.2025at 05:00 P.M. all the accused persons assaulted the

                   informant with a rod due to previous land dispute. Lotan

                   Paswan and Anil Paswan started abusing and assaulting with an

                   intention to kill him as a result of which he sustained head

                   injury. Accordingly, the FIR.
Patna High Court CR. MISC. No.16939 of 2026(2) dt.25-03-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence and he has

          falsely been implicated in this case. Learned counsel for the

          petitioner further submits that the only allegation is against the

          petitioner is of having assaulted the informant with lathi, which

          has not resulted in any injury. Learned counsel for the petitioner

          submits that the petitioner has clean antecedent and there is case

          and counter case between the parties.

                       5. The learned APP opposes the anticipatory bail

          application.

                       6. Considering the fact that the only allegation is

          against the petitioner is of having assaulted the informant with

          lathi, which has not resulted in any injury and that the petitioner

          has clean antecedent and also the fact that it appears that the

          case against the petitioner is by way of countr blast to the earlier

          case lodged by the petitioner, the details of which has been

          disclosed in paragraph-9 of the application, this court is inclined

          to grant privilege of anticipatory bail to the petitioner.

                       7. Accordingly, the petitioner above named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          anticipatory bail on his furnishing bail-bonds in the sum of
          Patna High Court CR. MISC. No.16939 of 2026(2) dt.25-03-2026
                                                      3/3




                    Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like

                    amount each to the satisfaction of the learned JMFC, Pranav

                    Kumar, Patna in connection with Parsa Bazar P.S. Case No.478

                    of 2025, subject to the conditions laid down under Section

                    482(2) of the Bhartiya Nagarik Suraksha Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.