Patna High Court

Munna MusharversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court held that the petitioner is entitled to bail given the general nature of the FIR, prior bail to co‑accused, and the nine‑month custodial period.

Summary

The petitioner, Munna Mushar, applied for regular bail in a case registered under sections 302, 307, 147, 148, 149, 323, 341, 337 and 338 of the Indian Penal Code, alleging that the FIR was general and omnibus and that he was falsely implicated. The prosecution alleged that the petitioner was part of a group of 14 accused who assaulted a victim leading to his death. The petitioner argued that similar co‑accused had previously been granted bail and that he had no prior criminal record, having been in custody for nine months with a chargesheet already filed. The State opposed the bail. The court, considering the nature of the FIR, the prior bail orders to co‑accused, and the length of custody, directed that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offences charged under the IPC.
Whether the general and omnibus character of the FIR precludes the grant of bail.
Whether the grant of bail to similarly situated co‑accused influences the petitioner's bail application.

Legislation cited

Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 337, 338, 341

Subjects

regular bail
IPC
murder
assault
chargesheet
custody
omnibus FIR
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.911 of 2026
                     Arising Out of PS. Case No.-107 Year-2023 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 Munna Mushar Son of Mangar Mushar Resident Of Village- Jagdispur, ward
                 No. 18, P.S.- Jagdispur, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Malti Kumari, Advocate
                 For the Opposite Party/s :       Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Jagdishpur P.S. Case no.

                   107 of 2023 registered under sections 302, 307, 147, 148, 149,

                   323, 341, 337 and 338 of the Indian Penal Code.

                                3. As per the prosecution case, the informant states

                   that over a trivial dispute, the 14 named accused persons

                   including the petitioner herein started to assault the informant

                   with lathi, danda, brick, stone etc as a result of which he

                   became unconscious. It is further stated that on his brother-in-

                   law (saala) coming to his rescue, he was also assaulted, thus

                   sustaining serious injuries. He died in course of treatment.
Patna High Court CR. MISC. No.911 of 2026(2) dt.15-01-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case. Referring to the

          allegations in the FIR, it is submitted that the same are general and

          omnibus against 14 named accused persons. The case of the

          petitioner stands on a similar footing to that of Krishna Mushar,

          Tuntun Mushar and Ruplal Mushar who have been enlarged on bail

          vide orders dated 17.7.2023, 10.10.2023 and 14.2.2025 brought on

          record as Annexure-P/2 series to this petition. The petitioner is in

          custody since 11.4.2025 and chargesheet has been submitted in the

          case. He has no criminal antecedent and undertakes to cooperate in

          the investigation/trial.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the

          allegations being general and omnibus in nature, grant of bail to

          similarly situated co-accused vide aforesaid orders, the

          petitioner having remained in custody for nine months since

          11.4.2025 and chargesheet having been submitted in the case, in

          the facts of the case, the petitioner is directed to be enlarged on bail

          in connection with Jagdishpur P.S. Case no. 107 of 2023 on

          furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two
           Patna High Court CR. MISC. No.911 of 2026(2) dt.15-01-2026
                                                       3/3




                     sureties of the like amount each to the satisfaction of the learned

                     Additional Chief Judicial Magistrate-I, Bhojpur at Ara.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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