Manish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36695 of 2025 Arising Out of PS. Case No.-89 Year-2024 Thana- FESHAR District- Aurangabad ====================================================== 1.
Manish Kumar Singh S/O Vijay Kumar Singh @ Vijay Singh R/O Baghoi Kala, P.s.- Phesar, Dist.- Aurangabad.
2.
Appu Kumar Singh @ Prakash Kumar Singh S/O Sri Akshay Kumar Singh R/O Baghoi Kala, P.s.- Phesar, Dist.- Aurangabad. 3.
Chhotu Kumar Singh @ Anshu Kumar Singh S/O Sri Akshay Kumar Singh R/O Baghoi Kala, P.s.- Phesar, Dist.- Aurangabad. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur Ms.Vaishnavi Singh Mr. Ritwik Thakur Mr. Purshottam Kumar For the Opposite Party/s :
Mr.Gauri Shankar Gupta For the informant Ms. Meena Singh Ms. Sakshi Deep ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-11-2025 Heard the learned counsel for the parties.
2. The petitioners apprehend their arrest for the offences alleged under Sections 126(2), 115(2), 352, 351(2), 119(2) 3(5) of the BNS and Section 27 of the Arms Act, registered in connection with Fesar P.S. Case No. 89 of 2024.
3. As per the prosecution case, while the informant was on way to market, the petitioner Manish Kumar Singh, armed with pistol, fired but he dodged the shot. Then the
Patna High Court CR. MISC. No.36695 of 2025(4) dt.25-11-2025 2/3 petitioner Appu Singh assaulted the informant with danda, causing him injury on his head. Thereafter, the petitioner Chhotu Singh also assaulted him with danda, as a result of which he suffered serious injury.
4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated. He submitted further that neither the FIR was registered under Section 109 of the BNS, nor the charge-sheet was submitted under the said Section, but differing with the opinion of the investigating authorities, the learned Magistrate has also taken cognizance under Section 109 of the IPC. It is further submitted that petitioner no.1 had suffered fire-arm injury and the case lodged by members of the defense side is prior to the present case. It is also submitted that the investigating authorities have noticed the petitioners under Sections 35(3) of the BNSS.
5. On the other hand, the learned APP for the State and the learned counsel for the informant have opposed the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case, the petitioners are directed to surrender before the court below who shall pass order keeping in view the decision of the
Patna High Court CR. MISC. No.36695 of 2025(4) dt.25-11-2025 3/3 coordinate Bench in the case of Mahendra Prasad Singh Vs. The State of Bihar, reported in 2004(3) PLJR 491.
7. With the direction/observation aforesaid, the application stands disposed of.
(Nawneet Kumar Pandey, J) HR/- U T