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Patna High Court

Mun Munga Saha @ Mun Munga Lal Saha @ Munga Lal SahaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for regular bail is dismissed, and the earlier order denying bail stands.

Summary

Mun Munga Saha applied for regular bail for an offence under Sections 309(4), 309(6), 109(1) of the B.N.S. and Section 27 of the Arms Act, relating to a robbery of silver and gold in which a pistol was fired, injuring a villager. The petitioner's earlier bail application had been rejected on 09.05.2025. This was the second attempt, and counsel argued that the trial was still in its early stages, with only two of twenty‑one witnesses examined. The court examined the prosecution's case and found no sufficient change in circumstances to merit a review of its earlier order. Consequently, the court dismissed the bail application, upholding the prior denial.

Issues considered

  • Whether the petitioner is entitled to regular bail at this stage of the trial
  • Whether the earlier denial of bail can be reviewed on the ground of trial progress

Legislation cited

Subjects

  • regular bail
  • bail application
  • criminal procedure
  • Arms Act
  • theft
  • trial progress

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85385 of 2025
                      Arising Out of PS. Case No.-23 Year-2024 Thana- Vishanpur District- Kishanganj
                 ======================================================
                 Mun Munga Saha @ Mun Munga Lal Saha @ Munga Lal Saha S/o Mem Lal
                 Saha Resident of village- Kairibirpur, P.S - Bishanpur, District - Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.P.N.Shahi, Sr. Advocate
                                                    Mr.Amal Kumar Sinha, Advocate
                 For the Opposite Party/s :         Mr.Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   05-05-2026                    Heard the parties.

                                 2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with Bishunpur P.S. Case No. 23 of

                   2024 registered for the offence under Sections 309(4), 309(6),

                   109(1) of B.N.S. and Section 27 of the Arms Act. Earlier the

                   bail application of the petitioner was rejected vide order dated

                   09.05.2025 passed in Cr. Misc. No. 13914 of 2025.

                                 3. As per the prosecution case, three unknown

                   criminals looted four kilograms of silver and four bhars of gold

                   from the informant and thereafter when the co-villagers tried to

                   catch hold of the criminals, one of the criminals fired from his

                   pistol which caused injury to one villager.

                                 4.     It has been submitted by the learned Senior
              Patna High Court CR. MISC. No.85385 of 2025(3) dt.05-05-2026
                                                          2/2




                        Counsel for the petitioner that the trial is progressing and only

                        two out of twenty one witnesses have been examined.

                                     5. Considering the aforesaid facts, this Court finds no

                        ground to review its earlier order.

                                     6. Accordingly, this application is dismissed again.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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