Munna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13687 of 2025 Arising Out of PS. Case No.-384 Year-2024 Thana- DURAULI District- Siwan ====================================================== Nitesh Singh @ Nitesh Kumar Singh S/o Munna Singh R/o vill - Sagar Rai Ke Tola, P.S.- Darauli, Distt.- Siwan, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 15308 of 2025 Arising Out of PS. Case No.-384 Year-2024 Thana- DURAULI District- Siwan ====================================================== Munna Singh S/o- Late Kripashankar Singh Village- Sagar Rai Ke Tola PsDarauli Dist- Siwan, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 13687 of 2025) For the Petitioner/s :
Mr.Navin Kumar Singh, Adv.
For the State :
Mr.Raj Kishor Singh, APP (In CRIMINAL MISCELLANEOUS No. 15308 of 2025) For the Petitioner/s :
Mr.Navin Kumar Singh, Adv.
For the State :
Mr.Rajiv Nayan, APP For the Informant in both cases: Mr. Krishna Kant Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-04-2025 Both the bail petitions have arisen out of the same P.S. case, hence, the prayer for anticipatory bail made by both the petitioners is being disposed of by a common order.
2. Heard Mr. Navin Kumar Singh, learned counsel for the petitioners, Mr. Raj Kishor Singh and Mr. Rajiv Nayan, learned APPs for the State and Mr. Krishna Kant Singh, learned
2/4 counsel for the informant.
3. The petitioners apprehend their arrest in connection with Darauli P.S. Case No. 384/ 2024 dated 08.12.2024 registered for the offence(s) punishable under Section(s) 126(2), 115(2), 118(1), 109, 303(2), 324(6), 352, 351(2) and 3(5) of the BNS.
4. The main submissions advanced by learned counsel for the petitioners are that against the petitioner, Nitesh Singh @ Nitesh Kumar Singh there is no specific allegation in the FIR and the main allegation of assault is against petitioner, Munna Singh, co-accused, Ritesh Singh and Ravi Singh and as per the FIR, one illegal weapon had fallen down on the land from the possession of petitioner Nitesh Singh @ Nitesh Kumar Singh at the time of commission of the alleged occurrence which was picked up by co-accused, Manish Singh and except this there is no allegation against the petitioner, Nitesh Singh @ Nitesh Kumar Singh, who has fair and clean antecedent and both the parties are agnates and in between them there is a long standing land dispute. It is further submitted that against the petitioner, Munna Singh, there is criminal antecedent of one case in which he is on bail.
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5. On the other hand, Mr. Krishna Kant Singh, learned counsel appearing for the informant, has vehemently opposed the bail prayer of the petitioners and submits that both the petitioners actively participated in the alleged occurrence and three persons sustained injuries and on the person of Manish Singh altogether four injuries were found and on the person of Raju Singh three injuries were found and out of them one injury to each injured person was opined to be grievous in nature which shows the seriousness of the occurrence.
6. Having regard to the seriousness of allegation appearing against the petitioner, Munna Singh, as well as his one criminal antecedent, detailed in the petition, coupled with the specific allegation of assault made in the FIR, this court is not inclined to release him on anticipatory bail. Accordingly, his prayer stands rejected.
7. Against the petitioner, Nitesh Singh @ Nitesh Kumar Singh, there is no specific allegation of assault to the socalled injured persons and he has fair and clean antecedent, in my opinion, he deserves to the privilege of anticipatory bail. Accordingly, let the petitioner namely, Nitesh Singh @ Nitesh Kumar Singh, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be
4/4 released on anticipatory bail in connection with Darauli P.S. Case No. 384/ 2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS. (Shailendra Singh, J) BKS/- U T