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Patna High Court

Munna Kumar @ ChhotakuversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant pre‑arrest bail to the petitioners.

Summary

The petitioners, Munna Kumar and Ram Babu Sah, were charged under Sections 109, 118(2), 3(5) of the BNS and Section 27 of the Arms Act for allegedly opening fire on an informant, causing grievous abdominal and chest injuries. They claimed innocence, arguing that the case was fabricated due to a dowry dispute and that there were no eyewitnesses. The State opposed the pre‑arrest bail, emphasizing the seriousness of the injuries and the nature of the offences. The court examined the medical report confirming grievous injuries and found the allegations of a false case unsubstantiated. Consequently, the court refused to grant pre‑arrest bail and dismissed the petition.

Issues considered

  • Whether pre‑arrest bail should be granted in a case involving grievous injuries under Sections 109, 118(2), 3(5) of the BNS and Section 27 of the Arms Act.
  • Whether the alleged dowry dispute and lack of eyewitnesses justify denial of bail.
  • Whether the medical evidence of grievous injury influences the bail decision.

Legislation cited

Subjects

  • pre‑arrest bail
  • dowry dispute
  • false criminal case
  • grievous injury
  • Arms Act
  • Section 27
  • BNS
  • Section 109
  • Section 118(2)
  • Section 3(5)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70054 of 2025
                         Arising Out of PS. Case No.-103 Year-2025 Thana- PIPRA District- Supaul
                 ======================================================
           1.     Munna Kumar @ Chhotaku, Male, aged about 22 Years, Son of Ram Babu
                  Sah
           2.    Ram Babu Sah, Male, aged about 53 years, son of Late Sitaram Sah, Both
                 R/O Village- Pipraun, P.S - Laukahi, District - Madhubani

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nitya Nand Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

6   24-02-2026                    Heard Mr. Arvind Kumar, learned counsel appearing

                   on behalf of the petitioners and Mr. Nitya Nand Tiwary, learned

                   APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Pipra P.S. Case No. 103 of 2025, registered for the offence

                   punishable under Sections 109, 118(2), 3(5) of the BNS and

                   Section 27 of the Arms Act.

                                3. As per the allegation made in the FIR, On

                   04.04.2025 at about 07:00 p.m., while the informant was

                   returning back to his home from the house of his sister on his

                   motorcycle, near Dinapatti Railway Crossing of NH-3227, four

                   persons on two motorcycles opened fire upon him, due to
Patna High Court CR. MISC. No.70054 of 2025(6) dt.24-02-2026
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          which, he had sustained injuries in his abdomen and on his

          chest. It is further alleged that the informant has identified two

          persons, namely, Munna Kumar (petitioner no. 1) and Ram

          Babu Sah (petitioner no. 2), who are brother-in-law and father-

          in-law of the informant respectively.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and they have

          falsely been implicated in the present case. There is no question

          of taking life of informant, who is brother-in-law of the

          petitioner no. 1 and son-in-law of the petitioner no. 2. Learned

          counsel further submitted that it is admitted between the parties

          that due to alleged non fulfillment of demand of dowry, the

          petitioners have been roped in a false criminal case. There is no

          eye witness to the alleged shooting. Even considering that the

          informant has sustained injury and he has identified the

          petitioners, the same is as a result of ongoing divorce case

          between the informant and daughter of petitioner no. 2.

          Petitioners have clean antecedent. On these grounds, petitioners

          seek to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having considered the rival submissions made on
              Patna High Court CR. MISC. No.70054 of 2025(6) dt.24-02-2026
                                                          3/3




                        behalf of the parties, as well as, opinion of the doctor in which,

                        the injuries sustained by the informant have been found in the

                        abdomen and on the chest, which are vital part of the body and

                        the same are grievous in nature, I am not inclined to enlarge the

                        petitioners on pre-arrest bail.

                                     7. Accordingly, the present application stands

                        rejected.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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