Patna High Court
Munna Rai @ Munna Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Munna Rai was arrested on 29 May 2025 in connection with a case involving alleged firing of a gun, charged under several sections of the B.N.S., 2023 and the Arms Act. He applied for bail, asserting a clean criminal record and claiming that the victim’s statement did not identify him, contending that the FIR was fabricated. The prosecution opposed bail. The court noted that co‑accused persons had already been granted bail, the victim’s diary entry did not name the petitioner, and the petitioner had no prior convictions. Considering these factors, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was issued without delay for antecedent verification.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the B.N.S., 2023 and the Arms Act.
- Whether the victim’s statement, which does not name the petitioner, affects the bail decision.
- Whether the petitioner’s clean antecedent and the bail granted to co‑accused influence the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- B.N.S., 2023 — s. 109(1), 115(2), 126(2), 3(5), 352
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S. 2023
- clean antecedent
- victim statement
- co‑accused bail
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74658 of 2025
Arising Out of PS. Case No.-142 Year-2025 Thana- BARAHAT District- Banka
======================================================
Munna Rai @ Munna Kumar Ray S/O Satish Rai @ Chhatish Ray Resident
of Village - Muluk, P.S- Barahat, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate
For the State : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-01-2026 Heard Mr. Subodh Kumar Jha, learned counsel for
the petitioner and Mr. Humayou Ahmad Khan, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
29.05.2025, in connection with Barahat P.S. Case No. 142 of
2025, F.I.R. dated 16.05.2025 registered for the offences
punishable under Sections 126(2), 115(2), 109(1), 352, 3(5) of
the B.N.S., 2023 and Section 25(1-b)a, 26, 27, 35 of the Arms
Act.
3. Allegation against the petitioner is that he fired gun
shot on the victim due to which he received gun shot injury on
left shoulder.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
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implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
The present case case is counter blast of Barahat P.S. Case No.
143 of 2025. He further submits that although the petitioner is
named in the F.I.R. and there is specific allegation against the
petitioner that he has fired upon the victim but the statement of
victim which was recorded in paragraph-35 of the case diary in
which he has not stated the name of the petitioner but he has
stated that someone has fired upon him. He further submits that
co-accused person namely Niranjan Yadav has been granted
anticipatory bail by this Court vide order dated 18.11.2025
pased in Cr. Misc. No. 75615 of 2025, another co-accused
person namely Ram Sharan Choudhary has been granted regular
bail by a Coordinate Bench of this Court vide order dated
03.12.2025 passed in Cr. Misc. No. 81567 of 2025 respectively.
He further submits that the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 29.05.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
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6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and the
victim has not stated anything about the petitioner and the other
co-accused persons have been granted bail by this Court or by a
Coordinate Bench of this Court, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Banka in connection with Barahat P.S. Case No. 142 of 2025,
subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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