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Patna High Court

Munna Singh @ Raj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                       3/3




                     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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