Patna High Court
Munna Kumar @ Munna Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNS.
Summary
The petitioner, Munna Kumar, was arrested in connection with a land‑dispute‑related assault case (Dawath P.S. Case No. 203 of 2025) alleging offences under several sections of the Bihar Non‑Compulsory Statutes. He claimed he was falsely implicated, asserting that the informant’s side were the actual assailants and that the allegations against him were vague and non‑specific. He had been in custody since 20‑Oct‑2025, with a charge‑sheet already filed, and possessed a prior criminal antecedent but was already on bail in a related case. The State opposed bail, while the petitioner’s counsel argued the lack of specific charges and the prolonged detention warranted release. Considering the non‑specific nature of the allegations, the filing of the charge‑sheet, and the period of custody, the court ordered his release on bail with a bond of Rs.10,000 and specific conditions, including sureties and attendance requirements.
Issues considered
- Whether bail should be granted to the petitioner given the charges under Sections 191(2), 126(2), 115(2), 109, 351(2), 352 of the Bihar Non‑Compulsory Statutes.
- Whether the non‑specific nature of the allegations and the period of pre‑trial detention justify bail.
Subjects
- bail
- land dispute
- false implication
- assault
- non‑specific allegations
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3418 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- DAWATH District- Rohtas
======================================================
Munna Kumar @ Munna Kumar Singh Son of Rajkumar Singh Resident of
Village- Parmeshwarpur, P.S.- Dawath, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nagendra Upadhyay, Adv.
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Dawath P.S. Case No. 203 of 2025, registered
for the offences under Sections 191(2), 126(2), 115(2), 109,
351(2), 352 of the BNS.
3. As per the prosecution case, in the background of
land dispute, the petitioner and other co-accused persons
assaulted the husband of the informant causing fracture of his
head. When the family members of the informant came for his
rescue, they were also assaulted.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
this case. There is counter version and the petitioner side has
Patna High Court CR. MISC. No.3418 of 2026(2) dt.28-01-2026
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lodged earlier Dawath P.S. Case No. 202 of 2025 for the
occurrence of same date. In fact the informant side is assailant
and they assaulted the petitioner and his other family members.
There is no specific allegation against the petitioner and the
allegations are general and omnibus against all accused persons.
The petitioner was not even present at the spot and his name has
been dragged in this case with ulterior motive and mala fide
intention. Land dispute is admitted. The injury report of the
victims also show simple injuries to most of the victims. The
petitioner is in custody since 20.10.2025. Charge sheet has been
submitted. Petitioner is having one criminal antecedent and he is
on bail in the said case.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
non-specific nature of allegation against the petitioner and also
considering his period of custody and submission of charge
sheet, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned SDJM, Bikramganj, Rohtas/concerned
Patna High Court CR. MISC. No.3418 of 2026(2) dt.28-01-2026
3/3
court, in connection with Dawath P.S. Case No. 203 of 2025,
subject to the condition laid down under Section 480(3) of the
BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
anuradha/-
U T
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