Patna High Court
Munna Kumar Chaudhary @ Munna SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
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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