Patna High Court
Monu RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond of Rs 10,000 and specified conditions.
Summary
Monu Raj was arrested on 28‑12‑2025 in connection with an FIR alleging involvement in the manufacture of illegal wine and the assault of an informant. He filed a bail petition, contending that he has a clean antecedent and that the FIR contains only a generic allegation against all accused, with no specific charge against him. The prosecution opposed bail, citing multiple serious offences under the Bihar Narcotic Substances Act, 2023. The court examined the material and, noting the lack of a specific allegation and the petitioner’s claim of a clean record, ordered his release on bail. Bail was granted on a cash bond of Rs 10,000 with two sureties and conditions requiring cooperation with the trial, no tampering with evidence or witnesses, and verification of his criminal antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the gravity and number of offences charged under the Bihar Narcotic Substances Act, 2023
- Whether the FIR contains a specific allegation against the petitioner sufficient to deny bail
- Whether the petitioner’s claim of a clean antecedent justifies the grant of bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 117(2), 121(1), 126(2), 132, 190, 191(2), 191(3), 263, 351(2), 351(3), 352
Subjects
- bail
- Bihar Narcotic Substances Act 2023
- criminal antecedent
- illegal wine
- assault
- charge sheet
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23658 of 2026
Arising Out of PS. Case No.-126 Year-2025 Thana- NAYA RAM NAGAR District- Munger
======================================================
Monu Raj S/o Bindeshwari Prasad Singh R/o Village - Raghunath Singh Tola
Patam, P.S - Nayaram Nagar, District - Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Arvind Kumar Singh, learned counsel for
the petitioner and Mr. Ramesh Chandra, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.12.2025 in connection with Nayaram Nagar P.S. Case No.
126 of 2025, F.I.R. dated 28.12.2025 for the offences
punishable under Sections 126(2), 115(2), 191(2), 191(3), 190,
263, 117(2), 109, 121(1), 132, 352, 351(2) and 351(3) of the
BNS, 2023.
3. According to prosecution case, the informant got
information that some people were involved in making of illegal
wine and when he reached their with his team, accused persons
succeeded in fleeing away whereas this petitioner along with
other accused persons assaulted him.
Patna High Court CR. MISC. No.23658 of 2026(2) dt.22-04-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Although the petitioner is named
in the FIR but from perusal of the FIR it appears that there is no
specific allegation of assault or overt act attributed against the
petitioner rather there is general and omnibus allegation against
all the accused persons including this petitioner. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
28.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 J.M. 1st
Class, Munger in connection with Nayaram Nagar P.S. Case No.
126 of 2025, 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
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.23658 of 2026(2) dt.22-04-2026
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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)
Vanisha/-
U T
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