Patna High Court

Munna Yadav @ Munna KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Munna Yadav was arrested in connection with a case of looting a motorcycle and assaulting the informant, alleged under Section 309(4) of the B.N.S., 2023. The prosecution alleged that nine miscreants, including the petitioner, stole cash, cards and a mobile phone and assaulted the victim. The petitioner contended that he was not named in the FIR, no incriminating material was found on him, and he was falsely implicated without any investigation such as a T.I.P. He also highlighted that he had been in judicial custody since 5 July 2025 despite having four prior criminal antecedents. The State opposed bail, but the court, considering the lack of direct evidence and the period of custody, decided to grant bail. The bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and the petitioner’s attendance at all trial dates.

Issues considered

Whether the petitioner is entitled to bail in a case under Section 309(4) of the B.N.S., 2023 despite prior criminal antecedents and prolonged pre‑trial detention

Legislation cited

B.N.S., 2023 — s. 309(4)

Subjects

bail
Section 309(4)
B.N.S. 2023
theft
assault
pre‑trial detention
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4633 of 2026
                       Arising Out of PS. Case No.-303 Year-2024 Thana- HALSI District- Lakhisarai
                 ======================================================
                 Munna Yadav @ Munna Kumar S/O Shiv Yadav @ Shivdhari Yadav R/O
                 Village- Bajidpur, P.S- Halsi, Distt.- Lakhisarai, Bihar.

                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Prabhat Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Shailendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Halsi

                   P.S. Case No. 303 of 2024 instituted for the offences under

                   Section 309(4) of the B.N.S., 2023.

                                3. As per prosecution case, nine miscreants looted the

                   informant’s motorcycle including Rs. 2,500/- in cash, ATM

                   Card, PAN Card, Voter Card, Aadhar Card and Mobile phone. It

                   is also alleged they also assaulted the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence as alleged

                   against him and has falsely been implicated in the present case

                   merely on the basis of suspicion. The petitioner is not named in
Patna High Court CR. MISC. No.4633 of 2026(2) dt.28-01-2026
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          the F.I.R. and his name has surfaced in this case in course of

          investigation. He further submits that nothing incriminating

          article has been recovered from the conscious possession of the

          petitioner. No T.I.P. has been conducted in this case.                   The

          petitioner has no concern with the alleged occurrence. The

          petitioner has four criminal antecedents and is languishing in

          judicial custody since 05.07.2025 without any rhymes or reason.

                        5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case, as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                        7. Let the petitioner 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 Halsi P.S. Case No.

          303 of 2024, subject to the following conditions:

                        (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                        (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.4633 of 2026(2) dt.28-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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