Patna High Court
Munna Kumar @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNS.
Summary
Munna Kumar was arrested in connection with a case registered on 19-12-2025 for alleged firing at an informant, violating Sections 109(1) and 352 of the Bihar Non‑Special Laws (BNS) and Sections 25(1‑B)(a), 26 and 27 of the Arms Act. The prosecution alleged that the petitioner fired a country‑made shotgun, missed the target, and the weapon with a live cartridge was later recovered by police. The petitioner claimed innocence, stating no incriminating material was found on him, and highlighted that he is already on bail in eight other cases. The court considered the length of custody, the pending charge sheet, and the lack of seized evidence, and, despite his antecedents, ordered his release on bail with a bond of Rs.10,000 and specific conditions under Section 480(3) of the BNS. The bail order also imposed reporting requirements to the police for six months to monitor his conduct.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the BNS and Arms Act and his antecedent cases
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27
- Bihar Non‑Special Laws (BNS) — s. 109(1), 352, 480(3)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Non‑Special Laws
- Section 480(3)
- antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18515 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- SHEIKHOPUR SARAI District-
Sheikhpura
======================================================
Munna Kumar @ Santosh Kumar S/o Navlesh Singh @ Naulesh Kumar R/o
Village - Maharath, P.S - Shahpur, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudish Kumar, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Shekhopur Sarai P.S. Case No. 168 of 2025,
registered on 19.12.2025 for the offences under Sections 109(1),
352 of the BNS and Section 25(1-B)(a), 26 abd 27 of the Arms
Act.
3. As per the prosecution case, the petitioner fired
upon the informant from a country made katta but the shot
missed the informant. Brother of the informant caught hold of
the petitioner and snatched country made katta and thereafter
police was called and the country made katta with a live
cartridge was handed over to the police.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. Nothing incriminating has been
recovered from his person or possession. The informant himself
Patna High Court CR. MISC. No.18515 of 2026(3) dt.24-06-2026
2/3
handed over the country made katta and live cartridge to the
police. The petitioner is having antecedent of eight cases and he
is on bail in all these cases. Petitioner is in custody since
19.12.2025.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
period of custody and submission of charge sheet, the petitioner
is directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned Principal
District and Sessions Judge, Sheikhpura/concerned court, in
connection with Shekhopur Sarai P.S. Case No. 168 of 2025,
subject to the condition laid down under Section 480(3) of the
BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
Patna High Court CR. MISC. No.18515 of 2026(3) dt.24-06-2026
3/3
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
7. That apart, in view of the antecedents of the
petitioner, he would be required to appear before the concerned
police station within fifteen days of his release with a copy of
this order and every month thereafter for the next six months.
The conduct of the petitioner will be kept under watch in the
aforesaid period by the concerned police station and if it is
found wanting in any respect, a report shall be made to the court
concerned by him to initiate a proceeding for cancellation of
bail for reasons of misuse of bail. After reporting to the
concerned police station, a certificate will be filed by the
petitioner before the court concerned which should be granted
by the concerned police station upon his appearance.
(Arun Kumar Jha, J)
Anuradha/-
U T
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