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Patna High Court

Monu Kumar @ Monu SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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