Patna High Court
Munna Kumar Kushwaha @ Munna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
Munna Kumar Kushwaha, a driver, was arrested on 13 August 2025 in connection with a case alleging that a vehicle was released using forged documents, invoking multiple sections of the Bihar Non‑Statutory (BNS) provisions, the MMDR Act and Bihar Minerals Rules. The petitioner contended that he was falsely implicated and that the vehicle owners had already paid a fine of Rs. 4,70,000 and obtained bail in a related matter. The prosecution sought to keep him in custody. The High Court examined the fact that the entire fine had been deposited and that the owners had been granted bail earlier. Considering these circumstances, the Court allowed the bail application. The petitioner was ordered to be released on a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner given the payment of the full fine and prior bail to the vehicle owners
Subjects
- bail
- forged documents
- illegal mining
- vehicle release
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15759 of 2026
Arising Out of PS. Case No.-74 Year-2025 Thana- PATKHAULI District- West Champaran
======================================================
Munna Kumar Kushwaha @ Munna Kumar Son of Nishkant Kushwaha
Resident of Ward No.- 13, Nayagaon, P.S.- Keshariya, District - East
Champaran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar
For the Opposite Party/s : Mr.Naresh Dikshit
Ms. Shruti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Pathkhauli P.S. Case No. 74 of 2025 registered for the offence
under Sections 338, 336(3), 303(2), 317(2), 316(2), 318(4),
61(2), 3(5) of the BNS, under Section 21 of MMDR Act, and
under Section 11, 43, 56 of the Bihar Minerals (Concession,
Prevention of Illegal Mining, Transportation and Storage) Rules,
2019.
3. As per the prosecution case, the allegation
against the accused persons is that they have got the vehicle
released on the basis of forged documents.
4. The petitioner is in custody since 13.08.2025 and
Patna High Court CR. MISC. No.15759 of 2026(2) dt.03-04-2026
2/2
it has been submitted by the learned counsel for the petitioner
that the petitioner is the driver of the vehicle in question and the
petitioner has falsely been implicated in this case. He further
submits that in the entire penalty amount has been paid by the
owners of the vehicle and they have already been granted bail
vide order dated 19.02.2026 passed in Cr. Misc. No. 51237 of
2025.
5. Considering the facts of the case and also
considering the fact that the entire amount of fine i.e. Rs.
4,70,000/- has been deposited with the concerned department,
this application is allowed.
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned ACJM-I, Bagaha/concerned Court below in
connection with Pathkhauli P.S. Case No. 74 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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