Patna High Court
Munna SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for regular bail, granting bail to the petitioners.
Summary
The petitioners – Munna Sah, Sant Sah, Shatrudhan Kumar and Lahavar Sahani – applied for regular bail in a case (Ramgarhwa P.S. Case No. 72/2026) involving offences under several sections of the Bharatiya Nyay Sanhita, 2023. The prosecution alleges that they blocked a road, raised anti‑government slogans, and, during a scuffle with a police driver, pelted stones and bricks at police personnel. The petitioners contend they are innocent, have been in custody since 12‑02‑2026, and that the specific allegation of instigating the crowd pertains only to co‑accused Manoj Kumar Pandey, with no direct charge against them. The State opposed the bail application. Considering the facts, nature of the allegations and the material on record, the Court allowed the regular bail, directing each petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount. The Court clarified that its observations are prima facie and do not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the petitioners under the listed sections of the Bharatiya Nyay Sanhita, 2023 given the nature of the allegations and their custody.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 121, 132, 190, 191, 195, 222, 285, 324
Subjects
- regular bail
- bail bond
- criminal procedure
- Bharatiya Nyay Sanhita
- road blockade
- anti-government slogans
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27644 of 2026
Arising Out of PS. Case No.-72 Year-2026 Thana- RAMGARHWA District- East Champaran
======================================================
1. Munna Sah S/o Brahmdev Sah Resident of Village - Murla, P.S. -
Ramgarhwa, District - East Champaran.
2. Sant Sah S/o Motilal Sah @ Motilal Resident of Village - Murla, P.S. -
Ramgarhwa, District - East Champaran.
3. Shatrudhan Kumar S/o Nandu Sah Resident of Village - Murla, P.S. -
Ramgarhwa, District - East Champaran.
4. Lahavar Sahani S/o Laxman Sahani Resident of Village - Ramgarhwa
Malahi Tola , P.S. - Ramgarhwa, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Ramgarhwa P.S. Case No. 72/2026, registered for the offences
punishable under Sections 191(2), 191(3), 190, 195, 222, 285,
109(1), 324(4), 132, 121(1) of the Bharatiya Nyay Sanhita,
2023.
3. As per the prosecution case, it is alleged that the
petitioners and the co-accused persons blocked the road and
raised anti-government slogans. A scuffle then took place
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between police driver Vishal Kumar and a fish seller. When the
police party attempted to disperse the mob from the road, the
accused persons allegedly attacked them by pelting stones and
bricks.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. It is further submitted that they are in custody since
12.02.2026. It is also contended that the specific allegation of
instigating the crowd is against the co-accused Manoj Kumar
Pandey, and there is no specific allegation levelled against the
petitioners.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the nature of allegation and the materials available on record,
this application for regular bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Ramgarhwa P.S. Case No. 72 of 2026.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.27644 of 2026(2) dt.28-04-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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