Patna High Court
Vijay MurmuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bhartiya Nyaya Sanhita, 2023 — s. 183, 3(5), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
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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