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Patna High Court

Munna Kumar @ Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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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