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Patna High Court

Munna Kumar Yadav @ Munna YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 480(3) of the B.N.S., 2023.

Summary

Munna Kumar Yadav was arrested in connection with a shooting incident alleged to have occurred during a land dispute, charged under Section 109 of the B.N.S., 2023 and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated, that no overt act could be attributed to him, and that the shooting was carried out by a co-accused. He highlighted his clean antecedent, the pending title suit involving his father, and the fact that a chargesheet had already been filed. The State opposed bail, but the court noted the non‑specific nature of the allegation against the petitioner, his period of custody, and the submission of the chargesheet. Consequently, the court ordered his release on bail with a bond of Rs.10,000, two sureties, and conditions under Section 480(3) of the B.N.S. and other standard bail conditions.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 109 of the B.N.S., 2023 and Section 27 of the Arms Act.
  • Whether the non‑specific nature of the allegation and the petitioner's clean antecedent justify bail.
  • Whether the filing of the chargesheet and the period of custody affect the bail decision.

Legislation cited

Subjects

  • bail
  • false implication
  • land dispute
  • Arms Act
  • Section 109
  • Section 27
  • non‑specific allegation
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71325 of 2025
                          Arising Out of PS. Case No.-245 Year-2025 Thana- EKMA District- Saran
                 ======================================================
                 Munna Kumar Yadav @ Munna Yadav Son of Mahangu Yadav, Resident of
                 Village - Aamdadhi Marbat, P.S.- Ekma, District - Saran (Chapra).
                                                                                 ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amarjyoti Sharma, Advocate
                                                   Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   06-01-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                    2. In the present case, the petitioner seeks bail in

                   connection with Ekma P.S. Case No. 245 of 2025 dated

                   25.06.2025, registered for the offences punishable under Section

                   109 of the B.N.S., 2023 and Section 27 of the Arms Act.

                                    3. As per the prosecution case, petitioner and other

                   co-accused persons riding a motorcycle stopped the informant’s

                   motorcycle and on saying of co-accused Arvind Yadav, co-

                   accused Arun Yadav shot at the informant’s in his chest. The

                   occurrence took place in the background of land dispute.

                                    4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner has falsely been implicated in

                   the present case. No occurrence in the manner as alleged has
Patna High Court CR. MISC. No.71325 of 2025(3) dt.06-01-2026
                                            2/3




          ever taken place. No specific overt act has been attributed to this

          petitioner and the allegation of firing is on co-accused Arun

          Yadav. There is a Title Suit pending between the parties before

          the Court of learned Sub-Judge, Chhapra vide Title Suit No. 282

          of 2023. The father of the petitioner is defendant no. 1 in Title

          Suit No. 282 of 2023. Learned counsel next submits that

          petitioner is having clean antecedent and chargesheet has been

          submitted. Learned counsel lastly submits that petitioner is in

          custody since 26.06.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          non-specific nature of allegation against the petitioner, his

          period of custody and submission of chargesheet, the petitioner,

          above-named, is directed to be released on bail, on furnishing

          bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with

          two sureties of the like amount each to the satisfaction of

          learned Judicial Magistrate 1st Class, Chhapra / concerned

          Court, in connection with Ekma P.S. Case No. 245 of 2025,

          subject to the condition laid down under Section 480(3) of the

          B.N.S.S. and other following conditions:
          Patna High Court CR. MISC. No.71325 of 2025(3) dt.06-01-2026
                                                      3/3




                                    (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)

Shahnawaz/-

U     T


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