Patna High Court
Munna Kumar @ Munna RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The High Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Munna Kumar was accused in a 2025 FIR of assaulting an informant with an iron rod, causing a simple injury. He pleaded that he has a clean antecedent and the allegations are false, seeking anticipatory bail. The State opposed the bail. The court considered the nature of the injury, the petitioner’s clean record, and the lack of intent to kill. Relying on Section 438(2) of the CrPC and Section 482(2) of the B.N.S., 2023, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, presence, and non‑tampering with evidence. The order directs the lower court to release the petitioner upon surrender within thirty days.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged assault.
- Whether the nature of the injury and the petitioner’s clean antecedent justify granting bail.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Section 482
- B.N.S. 2023
- assault
- simple injury
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.562 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- CHANPATIA District- West Champaran
======================================================
Munna Kumar @ Munna Ram S/o Mukhlal Ram R/o Village- Barohiya, P.S-
Chanpatia, Dist- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alexander Ashok, Advocate
For the State : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-02-2026 Heard Mr. Alexander Ashok, learned counsel for
the petitioner and Mr. Uday Pratap Singh, learned APP for the
State.
2. The petitioner is apprehending his arrest in
connection with Chanpatiya P.S. Case No. 140 of 2025, F.I.R.
dated 15.07.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109(1), 303(2), 351(2), 352,
3(5) of the B.N.S., 2023.
3. Allegation against the petitioner is that he has
assaulted with iron rod on informant’s head and causing injury.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricted and the
Patna High Court CR. MISC. No.562 of 2026(2) dt.17-02-2026
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petitioner has not committed any offence as alleged in the F.I.R.
From perusal of the F.I.R. it appears that there is specific
allegation against the petitioner that he has assaulted to the
informant by means of iron rod upon his head and he has
received injury. Learned counsel for the petitioner further
submits that there is no intention to kill anyone and there is case
and counter case between the parties. Although the informant
has received injury but the injury report of the informant
suggests that the injury is simple in nature caused by hard and
blunt object.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the
case and the fact that the petitioner having clean antecedent and
the injury inflicted upon the injured person is simple in nature,
let the petitioner, above named, in the event of his arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, West Champaran, Bettiah in
connection with Chanpatiya P.S. Case No. 140 of 2025, subject
Patna High Court CR. MISC. No.562 of 2026(2) dt.17-02-2026
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to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with
other following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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