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Patna High Court

Vijay MurmuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Vijay Murmu was arrested in connection with a case under sections 96 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 8 and 12 of the POCSO Act, alleging involvement in the disappearance of a 16‑year‑old girl. The girl later returned and, under section 183 of the B.N.S.S, gave a statement that did not support the prosecution. The petitioner claimed false implication, had been in custody since 12‑January‑2026, and possessed no prior criminal record. The State opposed bail, but the court considered the victim’s non‑supportive statement, the lack of antecedents, and the length of custody. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the accused under sections 96 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 8 and 12 of the POCSO Act.
  • Whether the victim’s statement under section 183 of the B.N.S.S. negates the prosecution’s case for denial of bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • POCSO Act
  • Bhartiya Nyaya Sanhita
  • victim statement
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18716 of 2026
                       Arising Out of PS. Case No.-325 Year-2025 Thana- BARAHAT District- Banka
                 ======================================================
                 Vijay Murmu S/O Betka Murmu R/O Village- Rotavaran, P.S- Bounsi,
                 District- Banka.
                                                                 ... ... Petitioner/s
                                            Versus
           1.     The State of Bihar
           2.     X W/O Y R/O Village- Hijrar, P.S- Barahat, Distt.- Banka.
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, APP
                                                  Mr. Kumar Dharmendra Narayan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   07-05-2026                    1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Barahat P.S. Case

                   no.325 of 2025 registered under sections 96 and 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023 and sections 8 and 12 of the

                   POCSO Act.

                                3. As per the prosecution case, the informant states

                   that her 16 year old daughter disappeared and was not to be

                   found. It subsequently transpired that the petitioner and others

                   had a hand in her disappearance.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. The daughter

                   of the informant returned and her statement was recorded under
             Patna High Court CR. MISC. No.18716 of 2026(3) dt.07-05-2026
                                                         2/2




                       section 183 of the B.N.S.S wherein she has not supported the

                       prosecution case. The petitioner is in custody since 12.1.2026

                       and has no criminal antecedent.

                                    5. The application for bail is opposed by learned A.P.P

                       for the State, however it is submitted that the daughter of the

                       informant has not supported the prosecution case in her

                       statement under section 183 of the B.N.S.S.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegations against the petitioner in

                       the FIR, the contents of the statement of the daughter of the

                       informant recorded under section 183 of the B.N.S.S, the

                       petitioner having remained in custody since 12.1.2026 and not

                       having any criminal antecedent, the petitioner is directed to be

                       enlarged on bail in connection with Barahat P.S. Case no.325 of

                       2025 on furnishing bail bond of                 Rs.10,000/- (Rupees Ten

                       Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Additional Sessions Judge-VI-cum-

                       Special Judge, POCSO, Banka.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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