Patna High Court

Munchun Yadav @ Munchun KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted pre‑arrest bail to the petitioner subject to a bail bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Munchun Yadav applied for pre‑arrest bail in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 27 of the Arms Act, alleging involvement in an assault with a pistol and firing of rounds. The prosecution alleged that the petitioner was part of a mob that assaulted an informant and forced a compromise in another case. The petitioner contended that he was falsely implicated, asserting that the FIR did not specifically allege any overt act by him, only naming other accused. The State opposed bail, highlighting the petitioner’s three prior criminal cases. The Court, considering the nature of the allegations and the lack of specific charge against the petitioner, ordered his release on pre‑arrest bail upon furnishing a bond and sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the offences alleged
Whether the petitioner’s prior criminal antecedents preclude the grant of bail
Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be invoked to condition the bail

Legislation cited

Arms Act — s. 27
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115, 127, 190, 191, 351, 352, 482

Subjects

pre‑arrest bail
criminal antecedent
assault
arms act
Section 482
bail conditions
mob participation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90081 of 2025
                         Arising Out of PS. Case No.-72 Year-2024 Thana- SARE District- Nalanda
                 ======================================================
                 Munchun Yadav @ Munchun Kumar S/O Binod Yadav R/O Vill.- Barepur,
                 P.S- Srae,Dist- Nalanda
                                                                   ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raj Kishor Prasad
                 For the Opposite Party/s :       Mr.Dr. Indiwar Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  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

                   Sare P.S. Case No. 72 of 2024 registered for the offence

                   punishable under Sections 190, 191(2), 127(1), 115(2), 109,

                   351(2), 352 of the B.N.S., 2023 and Section 27 of the Arms Act.

                               3. The case of the prosecution in short is that from the

                   order of Suresh Prasad, Bacchi Devi, Shambhu Sharan, Asish

                   Ranjan, Nishant Kumar, and Suresh Prasad, the informant was

                   assaulted with the butt of a pistol. It is further alleged that

                   Bhushan Kumar and Rajiv Kumar were also assaulted with a

                   pistol and lathi-danda. It is also alleged that twenty rounds of

                   firing were made and the accused persons were forcing the

                   informant to compromise Asthwan P.S. Case No. 186 of 2023.

                               4. Learned counsel appearing on behalf of the petitioner
          Patna High Court CR. MISC. No.90081 of 2025(2) dt.06-02-2026
                                                      2/2




                    submitted that the petitioner is innocent and has been falsely

                    implicated in connection with the present case. He also submits

                    that from perusal of the FIR, it is clear that there is no specific

                    allegation against the petitioner rather the specific allegation is

                    against Shambhu Saran, Ashish Ranjan, Nishant and Ankit. The

                    petitioner is only a member of mob. No overt act is alleged

                    against the petitioner.

                               5. Learned APP for the State has vehemently opposed

                    the prayer for grant of pre-arrest bail to the petitioner and submits

                    that the petitioner is having criminal antecedent of three cases.

                                 6. Considering the nature of allegation against the

                    petitioner, 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

                    Judicial Magistrate, 1st Class, Biharsharif, Nalanda in connection

                    with Sare P.S. Case No. 72 of 2024 subject to the condition as laid

                    down under Section 482(2) of the Bharatiya Nagarik Suraksha

                    Sanhita, 2023.



                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T

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