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2025 DAILYLAW 6007 (PAT)

Funnu Singh @ Munnu Singh v. The State of Bihar

CR. MISC./90571/2025 · 2026-05-06

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90571 of 2025 Arising Out of PS. Case No.-329 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1. Funnu Singh @ Munnu Singh S/o Bhagwan Singh Resident of Village- Sabalpur- 28, Chai tola, P.S. - Sonepur, District- Saran 2. Sonu Kumar S/o Funnu Singh @ Munnu Singh Resident of Village- Sabalpur- 28, Chai tola, P.S. - Sonepur, District- Saran 3. Somu Kumar S/o Funnu Singh @ Munnu Singh Resident of Village- Sabalpur- 28, Chai tola, P.S. - Sonepur, District- Saran 4. Kundan Kumar S/o Funnu Singh @ Munnu Singh Resident of Village- Sabalpur- 28, Chai tola, P.S. - Sonepur, District- Saran 5. Gandhi Kumar @ Rahul Kumar S/o Baleshwar Singh @ Chandeshwar Singh Resident of Village- Sabalpur- 28, Chai tola, P.S. - Sonepur, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Rekha Prasad, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 5 06-05-2026 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail, arises out of Sonepur Police Station Case No. 329 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 352, 351(2), 351(3) and 3(5) Bharatiya Nyaya Sanhita. 3. The prosecution case, as per the First Information Report, is that on 09.04.2025, the informant along with his Patna High Court CR. MISC. No.90571 of 2025(5) dt.06-05-2026 2/4 cousin, Arun Rai, was returning from the field after harvesting the wheat crop. When they reached near Jagropp Chowk at about 08:00 P.M., all the five petitioners, who were already sitting there, ambushed the informant and his cousin and assaulted them. The petitioner nos. 1 and 2 assaulted the informant with lathi with the intention to cause injury due to which informant sustained fracture injury on his left hand and also on different parts of his body. Petitioner nos. 3 and 4, armed with iron rods, inflicted repeated blow on the head of the informant’s cousin, Arun Rai. Petitioner no. 5 assaulted the informant with lathi 4. Learned counsel for the petitioners submits that both the parties are co-villagers and the occurrence took place due to quarrel between children. The injury caused to the informant is on non-vital part of the body and the the injury caused to the informant’s cousin, Arun Rai, though described as grievous in nature but from perusal of the injury report, it appears that he sustained injury measuring about 2.5 cm × 1 cm over the frontal region near the eyebrow. The doctor has opined that there is a linear, undisplaced fracture of the anterior and posterior walls of the left frontal sinus. 5. Learned Additional Public Prosecutor for the State Patna High Court CR. MISC. No.90571 of 2025(5) dt.06-05-2026 3/4 has vehemently opposed the prayer for baill. 6. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner nos. 1 and 2 indiscriminately assaulted the informant, causing fracture of his left hand and the doctor has opined the injury to be grievous in nature, I am not inclined to grant anticipatory bail to petitioner nos. 1 and 2. 7. Accordingly, the prayer for bail is rejected to petitioner nos. 1 and 2 only. 8. Insofar as petitioner nos. 3, 4 and 5 are concerned, though the injuries have been described as grievous in nature, but it appears from the injury report that the informant’s cousin sustained injury measuring about 2.5 cm × 1 cm over the frontal region near the eyebrow, and the doctor has found a linear, undisplaced fracture of the frontal sinus, which appears to be comparatively less severe as well as the role attributed to these petitioners, accordingly, I am inclined to grant anticipatory bail to petitioner nos. 3, 4 and 5. 9. Accordingly, the prayer for is allowed to petitioner nos. 3, 4 and 5 only. 10. Let the petitioner Nos. 3, 4 and 5, above named, Patna High Court CR. MISC. No.90571 of 2025(5) dt.06-05-2026 4/4 in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Sonepur Police Station Case No. 329 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S. Siwani/- (Anil Kumar Sinha, J) U T