Patna High Court
Munna Kumar Sahni @ Munna Kumar @ Ashutosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Munna Kumar Sahni, was charged under Sections 103(1), 308(2), 61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act for allegedly firing at the son of an informant, resulting in the victim's death. The petitioner applied for bail, claiming innocence and arguing that the informant's driver, not the informant, was the sole eyewitness. The State opposed bail, emphasizing the specific accusation, the gravity of the offences and the fact that the petitioner is the alleged assailant. The Court examined the seriousness of the charges and the direct nature of the allegation and rejected the bail application. It directed the trial court to expedite the trial and complete it within one year of receiving the order.
Issues considered
- Whether bail should be granted to the petitioner in a case involving murder and offences under the B.N.S. and the Arms Act.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- murder
- serious offence
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6119 of 2026
Arising Out of PS. Case No.-91 Year-2025 Thana- HALAI District- Samastipur
======================================================
Munna Kumar Sahni @ Munna Kumar @ Ashutosh Kumar Son of Raj
Narayan Sahni Resident of village -Jitwarpur Indrawara PS- Halai Distt
-Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Shanti Bhushan Singh, Advocate
For the State : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103(1), 308(2), 61(2) and
3(5) of the B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, it is alleged that this
petitioner fired upon son of informant due to which he died.
Driver of informant, namely Yaswant Kumar @ Chhotu, who
claims to be eye witness, disclosed the incident to the informant.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Informant is not an eye witness to the occurrence and the
present F.I.R. has been lodged only on the basis of disclosure
Patna High Court CR. MISC. No.6119 of 2026(2) dt.16-02-2026
2/2
made by driver of informant, namely Yaswant Kumar @
Chhotu. Moreover, charge-sheet has already been submitted and
petitioner, having no criminal antecedents, is in custody since
11.06.2025.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner
and submitted that petitioner is named in the F.I.R. with specific
accusation of that he fired upon son of informant due to which,
son of informant received gun shot injury in his stomach and
died. Petitioner is assailant of the deceased.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of bail to the petitioner is rejected.
7. However, considering the fact that petitioner is in
custody since 11.06.2025, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
period of one year from the date of receipt/production of a copy
of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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