Patna High Court
Munna Prasad @ Munni MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that, given the circumstances and the petitioners' lack of criminal antecedents, bail should be granted to all three accused.
Summary
The petitioners, Munna Prasad, Vicky Kumar and Ricky Kumar, were arrested in connection with a case alleging that they formed an unlawful assembly, used firearms, assaulted a family, and looted cash and ornaments. They were charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioners contended that the allegations were vague, they had no prior criminal record, and they had been in custody since 20‑10‑2025. The State opposed bail, citing the seriousness of the offences. Considering the nature of the accusations, the length of custody, and the petitioners' clean record, the Court granted bail to petitioners 1 and 2 on a bond of Rs.15,000 each, and to petitioner 3 after charge framing, subject to specific conditions.
Issues considered
- Whether bail should be granted to accused persons charged with offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act despite the seriousness of the allegations.
- Whether the general and omnibus nature of the allegations against petitioner no.1 precludes bail.
- Whether the period of pre‑trial detention and lack of prior criminal antecedents justify bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 190, 191(1), 191(2), 303(2), 324(2), 352, 74
Subjects
- bail
- unlawful assembly
- arms act
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2487 of 2026
Arising Out of PS. Case No.-607 Year-2025 Thana- RAHUI District- Nalanda
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1. Munna Prasad @ Munni Mahto S/o Late Sahdeo Mahto R/o Village-
Shamabad, PS- Bhagan Bigha, (Rahui), Dist- Nalanda
2. Vicky Kumar S/o Munna Prasad @ Munni Mahto R/o Village- Shamabad,
PS- Bhagan Bigha, (Rahui), Dist- Nalanda
3. Ricky Kumar S/o Munna Prasad @ Munni Mahto R/o Village- Shamabad,
PS- Bhagan Bigha, (Rahui), Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Rahui
P.S. Case No. 607 of 2025 instituted for the offences under
Sections 190, 191(1), 191(2), 109(1), 126(2), 115(2), 117(2), 74,
303(2), 352, 324(2) of the Bharatiya Nyaya Sanhita, 2023 and
Section 27 of the Arms Act.
3. Prosecution story, in short, is that on account of a
verbal altercation, the named accused persons allegedly formed
an unlawful assembly, came armed with deadly weapons, fired
shots, assaulted the informant’s family members causing serious
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injuries, damaged property, looted cash of ₹10/- lakhs and
ornaments from the informant’s house.
4. Learned counsel for the petitioners submitted that
petitioners have falsely been implicated in the present case.
Learned counsel further submitted that the allegation against the
petitioner no. 1 is general and omnibus in nature. He further
submitted that the petitioner no. 2 is alleged to have fired but in
the said occurrence no one sustained firearm injury. He further
submitted that petitioner no. 3 is alleged to have assaulted the
informant’s son with iron rod and, as per the injury report,
informant’s son sustained grievous injuries. He further
contended that there is case and counter-case between the
parties. It has been submitted on behalf of the petitioners that
the petitioners are in custody since 20.10.2025 and have no
criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioner nos. 1 and 2 be released on bail
on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen
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Thousand) each with two sureties of the like amount each to the
satisfaction of Court below/concerned Court in connection with
Rahui P.S. Case No. 607 of 2025.
8. So far as petitioner no. 3 is concerned, let the
petitioner no. 3 be released on bail, after framing of charge, if
not already framed, on furnishing bail bonds of Rs. 15,000/-
(Rupees Fifteen Thousand) with two sureties of the like amount
each to the satisfaction of Court below/concerned Court in
connection with Rahui P.S. Case No. 607 of 2025, subject to the
following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner no.3.
(II) The petitioner no. 3 shall appear on each and
every date fixed at the trial. In case of default in such
appearance on two consecutive dates, the Trial Court will have
liberty to cancel his bail bonds.
(III) If the petitioner no. 3 tampers with the evidence
or the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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