Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40339 of 2026 Arising Out of PS. Case No.-26 Year-2026 Thana- JAMHOR District- Aurangabad ====================================================== Munna Kumar S/o Late Shivlakhan Paswan Resident of Village- Karhara, P.S.- Jamhore, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Mukul Kumari, Advocate For the State :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 190, 191(2), 126(2), 115(2), 303(2), 351(2), 352 and 109 of the B.N.S..
3. The prosecution case, in brief, is that on 27.01.2026, while the informant was returning home from the market, in the meantime, all the F.I.R. named accused persons, including this petitioner, along with 50-60 unknown persons, armed with lathi and danda, assaulted him causing head injury. It is further alleged that the accused also assaulted persons who intervened, damaged the gate of Akhilesh's house and this petitioner snatched the informant's gold chain and threatened to
Patna High Court CR. MISC. No.40339 of 2026(2) dt.30-06-2026 2/3 implicate him in a false S.C./S.T. case.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, on the eve of Sant Ravidas Jayanti, during immersion of the idols, on account of petty dispute, a free-fight took place between the parties, in which both sides sustained injuries. There is a case and counter case between the parties. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Doctor has found the injuries, sustained by the informant, simple in nature. Rest of the allegations are ornamental in order to make the case grave. It is further submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by a Coordinate Bench of this Hon'ble Court vide order dated 17.06.2026 passed in Cr. Misc. No. 39329 of 2026.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties, nature of injuries sustained by
Patna High Court CR. MISC. No.40339 of 2026(2) dt.30-06-2026 3/3 the injured and claim based on parity, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Aurangabad in connection with Jamhore P.S. Case No. 26 of 2026, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T