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Patna High Court

Munna Kumar Chaudhary @ Munna SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Munna Kumar Chaudhary applied for regular bail in a murder case (Section 302/34 IPC) and illegal possession of arms (Section 27 Arms Act) arising from a 2020 FIR in Majhauliya, West Champaran. The FIR did not originally name him; his name emerged from a co‑accused’s confessional statement, and he has been in custody since 17 December 2025 with a chargesheet already filed. The State opposed bail, citing the seriousness of the offences. The Court considered the nature of the accusation, the length of custody, and the fact that the petitioner was not a primary accused in the FIR. It allowed the bail application, directing release on a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether regular bail can be granted to a person not named in the FIR but implicated through a co‑accused’s confession in a murder and arms case
  • Whether the period of custody and the seriousness of the offences justify denial of bail

Legislation cited

Subjects

  • regular bail
  • murder
  • IPC 302
  • IPC 34
  • Arms Act 27
  • criminal procedure
  • custody
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19079 of 2026
                 Arising Out of PS. Case No.-520 Year-2020 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Munna Kumar Chaudhary @ Munna Sahani S/o- Bachchalal Chaudhary @
                 Bachachalal Sahani Resident of Vill- Majhariya Sehkh, P.S.- Majhauliya,
                 Dist- West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sitesh Kashyap, Advocate
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   01-05-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Majhauliya P.S. Case No. 520 of 2020, registered for the offence

                   under Section 302/34 of the Indian Penal Code and Section 27

                   of the Arms Act.

                                3. As per the prosecution case, the FIR named accused

                   persons alongwith 4-5 unknown persons variously armed with

                   fire-arms came at the house of informant and shot dead brother

                   of the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is not named in the FIR. Name of the petitioner

                   transpired during course of investigation in confessional
              Patna High Court CR. MISC. No.19079 of 2026(2) dt.01-05-2026
                                                          2/2




                        statement of co-accused Vijay Yadav who has already been

                        granted regular bail by a co-ordinate Bench of this Court vide

                        order dated 21.12.2022 passed in Cr. Misc. No. 72302 of 2022.

                        Petitioner is in custody since 17.12.2025. Chargesheet has

                        already been submitted.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation, period of

                        custody and other facts and circumstances of the case, this bail

                        application is allowed. The petitioner, above named, is directed

                        to 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 C.J.M., Bettiah, West Champaran in

                        connection with Majhauliya P.S. Case No. 520 of 2020.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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