Munna Kumar @ Munna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59237 of 2025 Arising Out of PS. Case No.-290 Year-2025 Thana- NAGAR District- Vaishali ====================================================== Munna Kumar @ Munna Sahani S/o Dharmnath Sahani @ Dharmu Sahani @ Dharam Sahani R/o Village- Hatsarganj Hajipur, Ward No. 01, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanju Devi W/o Pappu Ram R/o Ganj Pathan Toli, Ward No. 07, P.S.- Hajipur Town, District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar, Adv For the Opposite Party/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Hajipur Town P.S. Case No. 290 of 2025 dated 16.03.2025 registered for the offences punishable u/ss 333, 126(2), 115(2), 118(1), 109, 76, 352, 351(2) read with Section 3(5) of the B.N.S., under Section 25(1B) (a), 26 of the Arms Act, under Sections 3(1)(r) and 3(1)(s) of the SC/ST (PoA) Act and under Sections 8 & 12 of the Prevention of Children from the Sexual Offence Act.

3. As per the prosecution case, on 15.03.2025 at about

2/4 06:00 P.M. when the informant was in her shop along with her daughter situated at Bala Das Math then one Munna Sahani (petitioner) and Manjit Kumar came to her shop and asked cigarette and Gutkha and on refusal by the Informant, they abused the informant by calling her caste name and molested the informant and her minor daughter. It is further alleged that on the same day at about 08:00 P.M.

the petitioner alongwith the co-accused persons, namely, Navin Sahani, Jhallu Sahani, Ankit Kumar and elder son of Jairam Sahani and 5-7 unknown persons armed with knife, sword, country made pistol and other weapons, came to the door of the informant and abused and they caught hold of the hand of her minor daughter and pulled her with bad intention and tried to take her away upon which the informant's gotni Kavita Devi, her husband Pappu Ram and her nephew Niraj Kumar tried to save them then all the accused persons gave a knife blow on them with intention to kill them causing head injury and on alarm when the people of vicinity assembled there then all the accused persons fled away leaving behind their motorcycles and pistols.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case

3/4 merely on suspicion. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that a compromise has taken place between the parties and a copy of the compromise petition is annexed as Annexure-2 with the bail petition. It is further submitted that no member of public was present at the relevant point of time of the incident and hence, no offence under provisions of SC/ST Act is made out against the petitioner. Similarly situated coaccused person has already been granted bail by this Court vide order dated 09.07.2025 passed in Cr. Misc. No. 39408 of 2025. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 290 of 2025.

4/4

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T