Patna High Court
Vir Hanumat Singh @ Vir Hanuman SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail is denied for petitioner no.1 and granted for petitioner no.2 subject to conditions.
Summary
The petitioners, Vir Hanumat Singh and Jay Hanuman Singh, were named in an FIR for assaulting the son of an informant with a lathi, rod and knife, causing grievous bodily injuries. Both sought anticipatory bail. The court examined medical reports, which showed simple lacerations for petitioner 1 but also broken ribs and a statement that petitioner 1 used a knife repeatedly, indicating a serious assault. Relying on the evidence, the court rejected anticipatory bail for petitioner 1, finding prima facie corroboration of the knife assault. Since the injured party made no specific allegation against petitioner 2, the court granted anticipatory bail to petitioner 2 subject to a bail bond and conditions under Section 438 of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the evidence disclosed in the FIR, medical reports and victim's statement is sufficient to deny anticipatory bail to petitioner 1.
- Whether the lack of specific allegation against petitioner 2 warrants the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 147, 149, 307, 323, 324, 341, 504, 506
Subjects
- anticipatory bail
- assault
- grievous hurt
- knife injury
- IPC sections
- medical evidence
- Cr.P.C. Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32946 of 2025
Arising Out of PS. Case No.-633 Year-2023 Thana- BRAHMPUR District- Buxar
======================================================
1. Vir Hanumat Singh @ Vir Hanuman Singh S/o Sohan Singh @ Narsing
Narayan Singh Resident of Village- Mahuar, P.S.- Brahampur (Nainizor),
Distt.- Buxar
2. Jay Hanuman Singh S/o Sohan Singh @ Narsing Narayan Singh Resident of
Village- Mahuar, P.S.- Brahampur (Nainizor), Distt.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vipin Kumar Singh, Adv
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
For the Informant : Mr. Ramchandra Singh, Adv
: Mr. Shankar Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 06-01-2026 Heard the parties.
2. Both petitioners are named in the F.I.R. and
apprehending their arrest in connection with Brahmpur
(Nainizore) P.S. Case No. 633 of 2023 registered for the
offences punishable under Sections 147, 149, 341, 323, 324,
307, 504 and 506 of the Indian Penal Code.
3. As per FIR, due to previous enmities petitioners
along with other named accused persons assaulted son of
informant with lathi, rod and knife etc., during course of
occurrence causing grievous bodily injuries.
4. It is submitted by learned counsel appearing on
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behalf of the petitioners that allegation qua physical assault is
appearing very much general and omnibus and moreover
injury appearing simple in nature. In this context, it is further
submitted that alleged assault was said to be caused by these
petitioners along with one Gama Singh. It is pointed out that
upon medical examination on first instance the nature of
injury found simple in nature, which was found lacerated,
which not appears prima-facie corroborated with allegation of
assault which was alleged to made by knife, which is a sharp
edged weapon having all probability to cause incised wound.
5. While concluding argument, it is submitted that
nature of injury cannot be only basis on which it can be said
that petitioners were under intention to cause death of son of
informant as several other factors are required to be taken
into consideration like pre-post conduct of the accused
persons, nature of weapon used, nature of injury and body
part where injury was inflicted during the course of
occurrence. In support of his submission learned counsel
relied upon the legal report of Hon’ble Supreme Court as
available through Jage Ram and Others Vs. State of
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Haryana, [(2015) 11 SCC 366]. Petitioners are men of
clean antecedents.
6. Learned APP duly assisted by learned counsel for
the informant while opposing the prayer of bail submitted that
son of informant was brutally assaulted by petitioner no. 1
during the course of occurrence, it was repeated blow, three
times on the vital part of the body and lungs were also
damaged to some extent, which is apparent from the report of
BHU Trauma Centre. It is pointed out that the report of
Primary Health Care (PHC) is based upon visual basis without
any radiological examination. In support of his submission,
learned counsel for the informant drew attention towards the
statement of injured namely Dhruv Kumar, which is available
in paragraph no. 21 of the Case Diary, where he categorically
stated that petitioner no. 1 assaulted him repeatedly by using
knife. Upon perusal of report of BHU Trauma Centre, it
appears that eighth and ninth ribs of injured were found
broken.
7. Let it be so, as injured specifically stated that
petitioner no. 1 assaulted him by using knife repeatedly which
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appears prima-facie corroborating with medical report,
accordingly prayer for anticipatory bail of petitioner no. 1
namely Vir Hanumat Singh @ Vir Hanuman Singh stands
rejected.
8. However, injured is silent about any knife assault
caused by petitioner no. 2, accordingly petitioner no. 2,
namely, Jay Hanuman Singh in the event of his arrest or
surrender before the court below within a period of four
weeks, is directed to be released on bail, 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 C.J.M. Buxar/concerned Court, where the case is
pending in connection with Brahmpur (Nainizore) P.S. Case
No. 633 of 2023, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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