Patna High Court
Munna @ ShethiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 3(5), 351(1), 352, 482(2)
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
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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
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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
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