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Patna High CourtCR. MISC./85259/2025allowed

Munna Kumar @ Munna Rai v. The State Of Bihar

2025-12-24Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85259 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- DIDARGANJ District- Patna ====================================================== Munna Kumar @ Munna Rai S/o Chitman Singh @ Chitavan Rai Resident of Village- Nizampur, P.S.- Didarganj, Distarict- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-12-2025 Heard the parties.

2. The petitioner apprehends his arrest in connection with Didarganj P.S. Case No. 48 of 2025, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 109, 329(3), 352, 351(2)of the BNS and Section 27 of the Arms Act.

3. Allegedly, on the fateful day, while the informant was engaged in construction work, in the meanwhile 15 named accused persons, including the petitioner and 10 unknown persons, came there and started making obstruction and took away the construction articles; however, in the meanwhile, the police came there and they left the articles and fled way.

4. Learned Advocate for the petitioner submits that save and except the petitioner is said to be a member of the

Patna High Court CR. MISC. No.85259 of 2025(2) dt.24-12-2025 2/3 mob, there is no iota of allegation against the petitioner of causing any overt act. Only on account of two criminal antecedent against the petitioner, as has been disclosed in para3, his name has been implicated in this case. The petitioner has nothing to do with the present case and he undertakes that he will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioner appears to be a habitual offender who indulged in creating fear in the minds of the people.

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the nature of accusation, coupled with the fact that none has sustained any injury, besides there is no loss to the informant, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Patna City, Patna in connection with Didarganj P.S. Case No. 48 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya

Patna High Court CR. MISC. No.85259 of 2025(2) dt.24-12-2025 3/3 Nagrik Suraksha Sanhita, 2023, with the further conditions: (i) that one of the bailors shall be the own/close family members of the petitioner, (ii) that the petitioner would not indulge in intimidating the witnesses/informant or tampering with the evidence, and (iii) that in case, the petitioner shall be found indulge in intimidating the informant/witnesses or tampering with the evidence, the informant shall be at liberty to file an application for cancellation of the bail of the petitioner. (Harish Kumar, J) Anjani/- U T