Patna High Court
Munna Singh @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court granted bail to the petitioners subject to a bond and conditions, noting the simple nature of the injury and the compromise between the parties.
Summary
The petitioners, four residents of Sirsi village, sought bail fearing arrest in a case (Bakhtiyarpur PS Case No. 552 of 2025) alleging offences under Sections 352, 109, 3(5) of the BNS and Section 27 of the Arms Act. The prosecution alleged that the petitioners fired a pistol at an informant, causing a simple injury, and then fled. The petitioners contended they were innocent, the injury was minor, they had a clean antecedent, and the matter had been compromised between the parties, with a prior petition filed in the ACJM‑III, Barh. The State opposed bail. After reviewing the injury report and the compromise, the Court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to verification of criminal antecedents under Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the BNS and the Arms Act when the injury is simple and the parties have compromised.
- Whether the presence of a compromise and a clean antecedent justify the discharge of the accused on bail pending trial.
Legislation cited
Subjects
- bail
- compromise
- simple injury
- Arms Act
- Section 352
- Section 109
- Section 27
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24505 of 2026
Arising Out of PS. Case No.-552 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
1. Munna Singh @ Raj Kumar Son of Shambhu Singh Resident of Village-
Sirsi Ps- Bakhtiyarpur, Dist- Patna
2. Sanjeet Kumar Son of Raju Singh @ Khuran Singh Resident of Village-
Sirsi Ps- Bakhtiyarpur, Dist- Patna
3. Karu Singh @ Megh Nath Singh son of Vijay singh Resident of Village-
Sirsi Ps- Bakhtiyarpur, Dist- Patna
4. Mukesh Singh @ Budhba son of Indradev Singh Resident of Village- Sirsi
Ps- Bakhtiyarpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lal Babu Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioners and
the learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Bakhtiyarpur P.S. Case No. 552 of 2025, for
allegedly having committed offence under Sections 352, 109,
3(5) of the BNS and Section 27 of the Arms Act.
3. As per the prosecution story which has been
lodged on the basis of the written report submitted by the
informant to the effect that while he was standing near the house
of Baliram Singh, then all the accused persons came there and
Patna High Court CR. MISC. No.24505 of 2026(2) dt.16-04-2026
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started abusing him. When the informant tried to stop them,
Munna Singh (petitioner no.1) fired from his pistol, which hit on
his left side. On hulla, people from locality came there upon
which all the accused persons fled away from the place of
occurrence.
4. The learned counsel for the petitioners submits
that the petitioners are innocent and no such occurrence has
taken place. He further submits that the doctor has opined the
injury sustained by the informant is simple in nature. He further
submits that the petitioner no.2 also filed a written report before
the Officer In-charge of Bakhatiyarpur Police Station for
lodging a first information report against the informant and
others, but no action was taken. The petitioner no.2 also suffered
injuries for which he was treated in the Referral Hospital,
Kalyanbigha, Harnaut, Nalanda. Further, the parties have
compromised the case in between them and a petition to that
effect has already been filed before the Court of learned
A.C.J.M.-III, Barh. The petitioners have got clean antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioners.
6. Having heard the rival submissions and after
going through the record, it appears from the injury report that
Patna High Court CR. MISC. No.24505 of 2026(2) dt.16-04-2026
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the doctor has opined the injury to be simple in nature and
further the parties have compromise the case in between them.
Considering the above, let the petitioners, above named, in the
event of arrest or surrender within a period of six weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M., Barh (Patna) in connection
with Bakhtiyarpur P.S. Case No. 552 of 2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.,
with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioners and in case at any stage, it
is found that the petitioners have concealed their criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioners. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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