Patna High CourtCR. MISC./66955/2025bail granted

Monu Kumar v. The State Of Bihar

2025-09-24Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66955 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- MUSAHARI District- Muzaffarpur ====================================================== Monu Kumar S/o Nanki Ram @ Nanhki Ram R/o Village- Mohammadpur Muibarak, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Mushahari P.S. Case No. 55 of 2025 registered on 29.03.2025 for the offences under Sections 126(2), 115(2), 109(1), 352, 351(2), 308(5), 317(5) and 3(5) of the BNS.

3. As per prosecution case, allegation against the petitioner is that he shot at the informant and his son and fled away from the spot along with co-accused Md. Sona.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner. Petitioner is the son-in-law of the of a co-villager of the

Patna High Court CR. MISC. No.66955 of 2025(2) dt.24-09-2025 2/3 informant with whom the family of the informant has inimical terms and therefore the petitioner has been dragged in this case with false and concocted allegation. The vehicle mentioned in the FIR does not belong to this petitioner. There is general and omnibus allegation against the petitioner and co-accused and no specific overt act has been attributed to the petitioner. There is no material on record to show the complicity of the petitioner in the offence as alleged. Petitioner is in custody since 30.03.2025 and charge-sheet has been submitted. Petitioner is having antecedent of 3 cases.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner appears to be habitual offender and is also accused in the case of Arms Act.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of chargesheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Muzaffarpur/concerned court in connection with Mushahari P.S.

Patna High Court CR. MISC. No.66955 of 2025(2) dt.24-09-2025 3/3 Case No. 55 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T