Patna High Court
Munna Singh @ Shashiranjan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that the delay in filing the FIR and the simple nature of the injuries warrant the grant of anticipatory bail.
Summary
The petitioners, Munna Singh and Shashank Deo Gautam, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for allegedly assaulting an informant and another person during a land‑grazing dispute. The FIR was lodged four days after the incident, and the injuries to the victims were described as simple, caused by a hard blunt object. The State opposed the bail on the basis of the serious charges. The Court considered the delay in filing the FIR and the minor nature of the injuries, and consequently ordered that the petitioners be released on anticipatory bail if arrested, subject to a bail bond of Rs.10,000 with two sureties and a four‑week surrender period, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, 2023. The order grants the bail and sets conditions for surrender.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 126(2), 115(2), 109, 303(2), 351(2), 352 and 3(5) of the BNSS.
- Whether the four‑day delay in lodging the FIR is a factor favoring bail.
- Whether the simple nature of the injuries justifies the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- FIR delay
- simple injuries
- land dispute
- BNSS
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23415 of 2026
Arising Out of PS. Case No.-478 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
1. Munna Singh @ Shashiranjan Singh S/o Rameshwar Singh R/o vill - Naini,
P.S.- Chapra Muffasil, Dist.- Saran
2. Shashank Deo Gautam @ Rahul Singh S/o Munna Singh @ Shashiranjan
Singh R/o vill - Naini, P.S.- Chapra Muffasil, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 303(2), 351(2), 352 and 3(5) of the B.N.S.
3. The allegation in the First Information Report is
that the petitioners along with other co-accused persons have
assaulted the informant and one Sachin Kumar.
4. Learned counsel for the petitioners submits that the
present case arises out of a petty dispute with regard to grazing
of land and the First Information Report has been lodged after a
delay of four days for which no explanation has been tendered.
Patna High Court CR. MISC. No.23415 of 2026(2) dt.17-04-2026
2/2
There is case and counter case between the parties. The injuries
suffered by two injured, namely Umesh Rai and Sachin Kumar,
are both simple in nature caused by hard and blunt substance.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the factum of delay in lodging
the FIR, coupled with the fact that the injuries are simple in
nature, let the above named petitioners, be released on bail, in
the event of their arrest or surrender before the learned Court
below within a period of four weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in
connection with Chapra Muffasil P.S. Case No. 478 of 2025,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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