Munna Yadav @ Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47357 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- BAJPATTI District- Sitamarhi ====================================================== Munna Yadav @ Munna Kumar Son of Uma Shankar Prasad Yadav R/o village - Sandwara, P.S.- Bajpatti, District - Sitamadhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-07-2025 Heard Mr. Tribhuwan Narayan, learned counsel for the petitioner and Mr. Umeshanand Pandit, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Bajpatti P.S. Case No. 72 of 2025, F.I.R. dated 09.04.2025 for the offences punishable under Sections 232, 290 of the Bhartiya Nyay Sanhita, 2023 and 25(9), 27 of Arms Act.
3. As per the First Information Report, informant alleged that the petitioner fired bullet in the air during immersion of Goddess Maa Durga which created panic in the atmosphere.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case on the basis of video footage. As
Patna High Court CR. MISC. No.47357 of 2025(2) dt.31-07-2025 2/3 per the allegation the petitioner was caught in the video footage doing firing in the air. He further submits that without verifying the video footage from the FSL, the prosecution has filed the present FIR. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, the petitioner has clean antecedent and present FIR has been instituted on the basis of video footage without verifying its genuineness, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Judicial Magistrate-1st, Pupari, Sitamarhi in connection with Bajpatti P.S. Case No. 72 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.47357 of 2025(2) dt.31-07-2025 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T