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Patna High Court

Munna Bind @ Munnu Bind @ Munna SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Since the charge‑sheet has been filed, no incriminating material is found against the petitioner, he has a clean antecedent and no risk of absconding or tampering, the court is justified in granting regular bail.

Summary

Munna Bind was arrested in connection with a train‑coach incident in which a woman’s six‑month‑old child was taken by a co‑passenger. The prosecution alleged his involvement under Sections 137(2), 142, 143(4), 111, 61(2) of the B.N.S. and Section 81 of the J.J. Act, but the only incriminating material was a confessional statement of another accused; no physical evidence was recovered from the petitioner. The charge‑sheet had already been filed, the petitioner had no prior criminal record, and a similarly situated co‑accused had been granted bail. The State opposed bail, but the court noted the lack of material against the petitioner, his clean antecedent, and the absence of any risk of absconding or tampering with evidence. Accordingly, the court ordered regular bail on a bond of Rs 10,000 with two sureties, directing compliance with the Railway Judicial Magistrate.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the pending charges under the B.N.S. and J.J. Act?

Legislation cited

  • B.N.S. — s. 111, 137(2), 142, 143(4), 61(2)

Subjects

  • regular bail
  • criminal procedure
  • charge-sheet
  • clean antecedent
  • co‑accused
  • railway crime
  • abduction
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.317 of 2026
                    Arising Out of PS. Case No.-613 Year-2025 Thana- PATNA RAIL P.S. District- Patna
                 ======================================================
                 Munna Bind @ Munnu Bind @ Munna Singh Son of Late Jagdish Bind
                 Resident of Village- Theguapar, P.S.- Fatuha, District- Patna
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Harish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   20-02-2026                    Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner seeks regular bail in connection with Rail

                   Patna Junction P.S. Case No. 613 of 2025 for the offences registered

                   under Sections 137(2), 142, 143(4), 111, 61(2) of the B.N.S. and

                   Section 81 of J.J. Act.

                                3. As per the prosecution case, when the informant was

                   travelling in the general Coach of Quota- Patna Train with her six

                   months old child then the co-passenger sitting along with her taken

                   her child when she went to washroom and when she returned she

                   found the co-passenger along with her child disappeared from there.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this case. He

                   is not involved in the occurrence and nothing has been recovered

                   from possession of the petitioner. During the investigation,

                   informant’s baby was recovered from co-accused Babita Kumari.
              Patna High Court CR. MISC. No.317 of 2026(3) dt.20-02-2026
                                                          2/2




                        Except     confessional      statement     of      co-accused,   there   is   no

                        incriminating material against the petitioner. After completion of

                        investigation charge-sheet has already been submitted. There is no

                        chance of absconding the petitioner or tampering with the evidence.

                        Petitioner has no criminal antecedent. He is in custody since

                        05.09.2025. He undertakes to co-operate in the trial. Co-accused

                        Dashrath Kumar, who is similarly situated, has already been granted

                        bail by the learned Court concerned.

                                     5. Learned counsel appearing on behalf of the State

                        opposes the prayer for grant of bail to the petitioner.

                                     6. Considering the submissions made on behalf of the

                        parties, facts and circumstances of the case, charge-sheet has already

                        been submitted, clean antecedent and also period of custody

                        undergone, let the petitioner, named above, be enlarged on bail upon

                        furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

                        sureties of the like amount each to the satisfaction of learned Railway

                        Judicial Magistrate, Patna in connection with Rail Patna Junction P.S.

                        Case No. 613 of 2025.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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