Patna High Court
Munna Kumar Yadav @ Munna YadavversusThe 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 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
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 480(3)
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
Checking your session…