Allowed¶21

Munna Kumar v. The State of Bihar

Patna HC29 Jul 2026CR. MISC./46473/2026

Case brief

AI extract

What is this about?

Anticipatory-style bail granted by Patna High Court (Chandra Shekhar Jha, J.) on 29-07-2026 in CR. MISC. No.46473 of 2026; FIR Kotwa P.S. Case No.218 of 2026, East Champaran, under Sections 303(2), 317(4), 111 BNS 2023 (black marketing of subsidized diesel); implication based solely on disclosure of co-accused Uday Sah; release on bond of Rs.10,000 with two like sureties; conditions under Section 482(2) BNSS.

What did the court decide?

Release on bail in the event of arrest or surrender before the court below within four weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the District and Additional Sessions Judge-19th, East Champaran, Motihari, subject to the conditions under Section 482(2) of the BNSS. ¶21

Munna Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner, named in the FIR in Kotwa P.S. Case No.218 of 2026 (Sections 303(2), 317(4), 111 BNS 2023) and apprehending arrest on the basis of a co-accused's disclosure, should be released on bail.

¶14

Court's answer

The court took note that the prima facie implication of the petitioner appears only out of the disclosure made by apprehended co-accused Uday Sah.

¶21

Ratio / Principle

On that basis the petitioner was directed to be released on bail in the event of his arrest or surrender within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned District and Additional Sessions Judge-19th, East Champaran, Motihari, in connection with Kotwa P.S. Case No.218 of 2026, subject to conditions under Section 482(2) of the BNSS.

¶21

Detailed headnote1 paragraphs

Patna High Court (Chandra Shekhar Jha, J.), oral order dated 29-07-2026 in Criminal Miscellaneous No.46473 of 2026, arising out of Kotwa P.S. Case No.218 of 2026, East Champaran, registered under Sections 303(2), 317(4) and 111 of the Bharatiya Nyaya Sanhita, 2023. The petitioner, named in the FIR alleging black marketing of subsidized diesel (200 litres recovered from apprehended co-accused Uday Sah), apprehended arrest. Holding that the prima facie implication of the petitioner appears only out of the disclosure made by the apprehended co-accused, the Court directed his release on bail upon arrest or surrender within four weeks on a bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the District and Additional Sessions Judge-19th, East Champaran, Motihari, subject to the conditions under Section 482(2) of the BNSS.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46473 of 2026

¶2

Arising Out of PS. Case No.-218 Year-2026 Thana- KOTWA District- East Champaran

¶3

======================================================

¶4

Munna Kumar Son of Jagarnath Sah Resident of Village - Sihorawa, P.S.Kotwa, District - East Champaran, Motihari.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

¶9

====================================================== Appearance : For the Petitioner : Mr. Sumit Kumar Gupta, Adv. For the Opposite Party : Mr .Nawin Kumar Pandey, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

¶11

2 29-07-2026

¶12

Heard learned counsel for the petitioner and

¶13

learned Additional Public Prosecutor for the State.

¶14

The accused/petitioner is named in the FIR and apprehending his arrest in connection with Kotwa P.S. Case No.218 of 2026 registered under Sections 303(2), 317(4), 111 of Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’).

¶15

As per FIR, the accused persons including petitioner alleged to involve in black marketing of subsidized diesel. In terms of FIR, 200 litres of subsidized diesel was recovered from the apprehended co-accused, namely, Uday Sah.

¶16

It is submitted by learned counsel appearing on

¶17

Patna High Court CR. MISC. No.46473 of 2026(2) dt.29-07-2026 2/3

¶18

behalf of petitioner that merely on the basis of suspicion arising out of disclosure made by apprehended co-accused Uday Sah, this petitioner was implicated with the present case. It is submitted that admittedly the subsidized diesel was recovered from the physical possession of apprehended co-accused Uday Sah and, therefore, in all material aspects, the investigation of this case appears concluded and as such sending this petitioner behind the bar would not serve any purpose of justice. Explaining criminal antecedent, it is submitted that petitioner found involved in one more case, where he is on bail.

¶19

Learned APP opposed the prayer of bail.

¶20

In view of aforesaid factual submissions and by

¶21

taking note of fact as prima facie implication of this petitioner appears out of disclosure made by apprehended co-accused Uday Sah, accordingly, the petitioner, abovenamed, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

¶22

Patna High Court CR. MISC. No.46473 of 2026(2) dt.29-07-2026 3/3

¶23

satisfaction of the learned District and Additional Sessions

¶24

Judge- 19^th, East Champara, Motihari, in connection with

¶25

Kotwa P.S. Case No.218 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

¶26

(Chandra Shekhar Jha, J.)

¶27

Aniket/-