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Patna High Court

Vir Hanumat Singh @ Vir Hanuman SinghversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
Patna High Court CR. MISC. No.32946 of 2025(6) dt.06-01-2026
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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
Patna High Court CR. MISC. No.32946 of 2025(6) dt.06-01-2026
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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
               Patna High Court CR. MISC. No.32946 of 2025(6) dt.06-01-2026
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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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