Patna High Court
Munna Sharma @ Shailendra SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Munna Sharma, was arrested in connection with a case alleging that he, along with two unknown persons, lured a 14‑year‑old girl with the intent of marriage. The prosecution’s case is based on the alleged disappearance of the minor on 17‑12‑2024, while the petitioner claims innocence and asserts that the victim’s statement was recorded under Section 183 of the BNSS and does not support the prosecution. The petitioner, who has been in custody since 23‑12‑2024 and has a clean antecedent, sought regular bail under Section 96 of the BNS. The State opposed the bail application. The court, after considering the facts, the length of incarceration, and the petitioner’s cooperation, granted regular bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties and complying with the Chief Judicial Magistrate’s directions.
Issues considered
- What is the applicability of Section 96 of the BNS for granting regular bail in the present case?
- Whether the petitioner’s continued detention for over a year is justified in view of the alleged facts and the victim’s statement under Section 183 of the BNSS?
Subjects
- regular bail
- Section 96 BNS
- Section 183 BNSS
- minor
- kidnapping
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48549 of 2025
Arising Out of PS. Case No.-823 Year-2024 Thana- ARA NAGAR District- Bhojpur
======================================================
Munna Sharma @ Shailendra Sharma Son of Rajendra Prasad @ Rajendra
Sharma Village- Ward no. 9, Tari Mohalla, Ps- Ara Town, Dist- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. X w/o Late sujit kumar Tari muhallah ward no.8 P S Ara Town Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar
For the State : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 08-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Ara Nagar P.S. Case No. 823 of 2024, registered for
the offences punishable under Section 96 of the BNS.
3. As per the prosecution story, on 17.12.2024, the
informant’s 14 years old daughter, went missing after leaving the
school. It is alleged that the petitioner along with two unknown co-
accused persons, lured the minor girl away with the intent of
marriage.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in the
present case. He has further submitted that statement of victim has
Patna High Court CR. MISC. No.48549 of 2025(5) dt.08-01-2026
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been recorded under Section 183 of the BNSS in which she has not
supported the prosecution case. The petitioner is a person of clean
antecedent and is in custody since 23.12.2024 i.e. for more than a
year.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances and period of incarceration, let the petitioner above-
named be released on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Bhojpur, Ara in connection with
Ara Nagar P.S. Case No. 823 of 2024, subject to the condition that
the petitioner shall cooperate in the disposal of trial and make himself
available as and when required by the court.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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