Patna High Court

Munna KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The court granted pre‑arrest bail to the petitioner subject to a Rs.10,000 bond, two sureties, and verification of his criminal antecedents.

Summary

Munna Kumar was implicated in a FIR alleging assault on an informant and theft of her golden chain and mangalsutra, with the injury described as simple. He claimed innocence, stating the case stemmed from a land dispute between agnate relatives. The petitioner applied for pre‑arrest bail under several sections of the Bihar Negotiable Sale Act and Section 438(2) of the Criminal Procedure Code. The court examined the nature of the allegations, the minor injury, and the petitioner’s claim of false implication, and decided that bail could be granted subject to a bond and sureties. The order also conditioned the bail on verification of the petitioner’s criminal antecedents, after which the bail application was disposed.

Issues considered

Whether pre‑arrest bail should be granted in a case involving offences under Sections 126(2), 115(2), 74, 109, 303(2), 352, 351(2), 351(3) and 3(5) of the Bihar Negotiable Sale Act.
Whether the simple nature of the injury and the claim of a land‑dispute motive affect the grant of bail.
Whether the bail order should be conditioned on verification of the petitioner’s criminal antecedents.

Legislation cited

Criminal Procedure Code (Cr.P.C.) — s. 438(2)

Subjects

pre‑arrest bail
bail bond
assault
theft
simple injury
land dispute
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89465 of 2025
                     Arising Out of PS. Case No.-194 Year-2025 Thana- KHIJARSARAI District- Gaya
                 ======================================================
                 Munna Kumar S/o Parshuram Singh R/o Village- Pachrukhi, P.S- Khizersarai,
                 Dist- Gaya, Bihar.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Brijeshwar Narayan Singh, Advocate.
                 For the Opposite Party/s :      Ms.Madhuri Lata, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   15-01-2026                      Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Khizersarai P.S. Case No. 194 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 74, 109,

                   303(2), 352, 351(2), 351(3) and 3(5) of the BNS.

                                3. As per the allegation made in the F.I.R., the

                   petitioner along with other co-accused assaulted the informant

                   and also snatched her golden chain and Mangalsutra.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   falsely been implicated in the case. The parties are agnates and

                   there is land dispute between them. As per the opinion of the

                   doctor, the injury sustained by the informant is simple in nature.
           Patna High Court CR. MISC. No.89465 of 2025(2) dt.15-01-2026
                                                       2/2




                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of pre-arrest bail to the petitioner.

                                  6. Considering the nature of allegation made against

                     the petitioner and the fact that the injury sustained by the

                     informant is simple in nature, the petitioner, above named, is

                     directed to be released on pre-arrest bail, in the event of his

                     arrest or surrender before the Court below within a period of

                     four weeks from today, on furnishing bail bond of Rs. 10,000/-

                     (Ten thousand) with two sureties of the like amount each to the

                     satisfaction of learned CJM, Gaya / concerned court in

                     connection with Khizersarai P.S. Case No. 194 of 2025, subject

                     to the condition as laid down under Section 438(2) Cr.P.C /

                     482(2) BNSS.

                                  7. The District Court is directed to verify the criminal

                     antecedent of the petitioner and if it is found that the petitioner

                     is involved in some other cases as what has been stated in Para-

                     3 of the bail petition, this order will automatically lose its force.

                                  8. The bail application stands disposed of.



                                                             (Purnendu Singh, J)
mantreshwar/-

U      T

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