Patna High Court
Monu Kumar @ Monu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
Monu Kumar, accused under Sections 109(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 23 and 27 of the Arms Act, sought bail after being detained since 30‑08‑2025 for an alleged attack on his house by Anant Singh and his men. The petitioner claimed innocence, stating that no incriminating article was recovered and that the allegations were general. The informant opposed bail but could not explain how Anant Singh reached the scene. The court noted that a similarly situated co‑accused, Sonu Kumar, had previously been granted bail in Criminal Miscellaneous No.30858 of 2025, and considered the length of the petitioner’s custody. Accordingly, the court allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the charges of Sections 109(1) and 3(5) of the B.N.S., 2023 and Sections 23 and 27 of the Arms Act.
Legislation cited
- Arms Act — s. 23, 27
- B.N.S., 2023 — s. 109(1), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- pre‑trial detention
- court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91741 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- PACHMAHLA District- Patna
======================================================
Monu Kumar @ Monu Singh S/o Pramod Singh Resident of Village-
Nauranga, P.S.- Pachmahla, District- Patna
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party : Mr. Binod Kumar, APP
For the Informant : Mr. Arvind Kumar Mouar, Advocate
Mr. Raj Krishna Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Pachmahla P.S. Case No.06 of 2025 instituted under Sections
109(1) and 3(5) of the B.N.S., 2023 and under Sections 23 and
27 of the Arms Act.
3. From the prosecution case, it appears that
one Anant Singh had attacked along with his men at the house
of the petitioner and his brother and they defended themselves.
The petitioner is in custody since 30.08.2025.
4. It has been submitted by learned counsel for
the petitioner that the petitioner is innocent and has not
committed any offence. He further submits that no
incriminating article has been recovered from the alleged place
of occurrence and there is general and omnibus allegation
against this petitioner.
5. Learned counsel for the petitioner has
Patna High Court CR. MISC. No.91741 of 2025(3) dt.25-02-2026
2/2
produced a copy of the order dated 15.05.2025 passed in
Criminal Miscellaneous No.30858 of 2025, by which this
Court has granted bail to similarly situated co-accused namely,
Sonu Kumar @ Sonu Singh.
6. Learned counsel for the informant has
vehemently opposed the prayer of the petitioner for grant of
bail but he could not explain the reason as to how and why
Anant Singh had reached the place of occurrence.
7. Considering the submission of learned
counsel for the petitioner and the fact that similarly situated co-
accused has been granted bail by this Court and also the period
of custody of the petitioner, this application is allowed.
8. Let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional Chief Judicial Magistrate, III, Barh /
concerned Court below, in connection with Pachmahla P.S. Case
No.06 of 2025.
(Sandeep Kumar, J)
pawan/-
U T
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