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Patna High Court

Munna Rai @ Munna Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.74658 of 2025(3) dt.30-01-2026
                                            2/4




          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.
Patna High Court CR. MISC. No.74658 of 2025(3) dt.30-01-2026
                                            3/4




                       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
               Patna High Court CR. MISC. No.74658 of 2025(3) dt.30-01-2026
                                                           4/4




                         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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