Patna High Court
Munna Kumar @ Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Munna Kumar was arrested on 28 January 2026 in connection with a violent incident arising from an admitted land dispute, for which an FIR dated 22 December 2024 alleged assaults using weapons such as iron rods and swords. He faces charges under Sections 191(2), 126(2), 115(2), 352, 351(2) and 109 of the Bharatiya Nyay Sanhita, 2023. The petitioner pleaded that he has a clean criminal record and that the dispute is civil in nature, with a pending title suit (No. 50/1995) between the parties. The prosecution opposed bail, emphasizing the seriousness of the offences. The court, after considering the clean antecedent and the civil nature of the underlying dispute, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s antecedent without delaying the release.
Issues considered
- Whether bail should be granted to the accused under the Bharatiya Nyay Sanhita, 2023 in view of the nature of the offences and the circumstances of the case
- Whether the petitioner’s clean antecedent and the pending civil land dispute justify the grant of bail
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 191(2), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- assault
- land dispute
- pending title suit
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17722 of 2026
Arising Out of PS. Case No.-203 Year-2024 Thana- RAJPUR District- Rohtas
======================================================
Munna Kumar @ Vivek Kumar S/O Heera Singh Village- Chapra, P.S.-
Rajput, Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Rajani Kant Singh, learned counsel for
the petitioner as well as Mr. Brajendra Nath Pandey, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.01.2026 in connection with Rajpur P.S. Case No. 203 of
2024, F.I.R. dated 22.12.2024 for the offences punishable under
Sections 191(2), 126(2), 115(2), 352, 351(2) and 109 of the
Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that the
petitioner along with other accused persons assaulted the
informant and his family members by means of iron rod, sword,
rama, bricks,stones,lathi and danda.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.17722 of 2026(2) dt.17-03-2026
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implicated in the present case. It appears from the FIR that due
to admitted land dispute the present occurrence has taken place
and there is one title suit bearing Title Suit No. 50/1995 is
pending between the parties. Although there is specific
allegation against the petitioner that he assaulted to one Bhaiya
Ram Singh by means of iron rod and he received injury but
there was no intention to kill anyone and the petitioner is in
custody since 28.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is admitted land
dispute and one title suit is pending between the parties, 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 Judicial
Magistrate-Ist Class, Bikramganj, Rohtas in connection with
Rajpur P.S. Case No. 203 of 2024, subject to the following
conditions:-
i. 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
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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