Patna High Court
Munna Prasad @ Munna KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that there was no ground to review the earlier order and therefore bail was denied.
Summary
Munna Prasad applied for regular bail in a case registered under Sections 319(2), 318(4) and 316(2) of the Bharatiya Nyaya Sanhita, 2023, alleging cheating of bank depositors through a CSP centre of Bihar Gramin Bank. The petitioner claimed he was merely a peon and denied involvement, while the informant produced a letter indicating he was an owner of the CSP centre. The High Court had earlier rejected his bail application on 2 July 2025. In the second application, the Court found no ground to revisit its earlier order and held that the material on record did not justify bail. Consequently, the bail application was dismissed, and the trial was directed to be expedited. The observations made were limited to the bail application and would not affect the merits of the trial.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the earlier bail denial can be reviewed on the present application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 319(2)
Subjects
- bail
- criminal procedure
- cheating
- fraud
- Bharatiya Nyaya Sanhita
- high court
- review of order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19180 of 2026
Arising Out of PS. Case No.-128 Year-2024 Thana- Geedha District- Bhojpur
======================================================
Munna Prasad @ Munna Kumar S/O Khaderan Prasad @ Vijay Prasad R/O
Village- Birampur, P.S.- Giddha, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhawana Jha
For the Opposite Party/s : Mr. Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Giddha P.S. Case No. 128 of 2024 registered
for the offence under Sections 319(2), 318(4), & 316(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. Earlier the bail application of the petitioner was
rejected on 02.07.2025 in Cr. Misc. No. 7061 of 2025 which
reads as follows:-
Heard the learned counsel for the
petitioner, learned counsel for the informant and
learned APP for the State.
2. The petitioner seeks regular bail in
connection with Gidha P.S. Case No. 128 of
2024 registered for the offence under Sections
319(2), 318(4), 316(4) of the B.N.S. 3. As per
Patna High Court CR. MISC. No.19180 of 2026(2) dt.03-04-2026
2/3
the prosecution case, the petitioner and one
Chandan Sahay are said to have cheated the
depositors while they were given CSP center of
Bihar Gramin Bank.
4. Learned counsel for the petitioner
submits that the petitioner is innocent. He
submits that the petitioner was peon in the Bank.
The petitioner is in custody since 11.10.2024.
5. Learned counsel for the informant
has vehemently opposed the prayer for bail and
produced letter dated 29.05.2025, which shows
that the petitioner is one of the owners of the
C.S.P. center.
6. Considering the aforesaid facts and
circumstances, I am not inclined to grant bail to
the petitioner.
7. Accordingly, this application for
regular bail is hereby rejected.
8. The Court below is directed to
expedite the trial. 9. Letter dated 29.05.2025 is
taken on record.
4. This Court finds no ground to review its earlier
order. Accordingly, this application for regular bail stands
rejected.
5. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.19180 of 2026(2) dt.03-04-2026
3/3
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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