Patna High Court
Munna Sah @ Munna GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) CrPC and Section 482 CrPC.
Summary
The petitioners, who are relatives of the main accused Amarjeet Sah, applied for anticipatory bail fearing arrest in connection with Bhabhua Police Station Case No. 431 of 2022, which involves offences under several IPC sections, the POCSO Act and the SC/ST Act. The prosecution alleges that Amarjeet Sah kidnapped the complainant’s daughter, while the petitioners claim they are innocent, have clean antecedents and were falsely implicated. The State opposed the bail, arguing the seriousness of the charges. The High Court, after hearing both sides, allowed the anticipatory bail application, directing that the petitioners be released on bail if arrested or they surrender within four weeks, upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount. The bail is subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the same Code. Consequently, the petitioners were granted anticipatory bail pending further proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC
- Whether the petitioners are likely to abscond, tamper with evidence or influence witnesses
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 323, 341, 366(A), 376, 379, 504/34
- Protection of Children from Sexual Offences Act, 2012 — s. 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v), 3(i)(r)(s)
Subjects
- anticipatory bail
- Criminal Procedure
- IPC offences
- POCSO Act
- SC/ST Act
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55976 of 2025
In
CRIMINAL APPEAL (SJ) No.3681 of 2022
Arising Out of PS. Case No.-431 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
1. Munna Sah @ Munna Gupta S/o- Ramji Sah Village- Mandari Ps- Bhabhua
Dist- Kaimur
2. Maya Devi Munna Sah Village- Mandari Ps- Bhabhua Dist- Kaimur
3. Shankar Sah @ Shiv Shankar Gupta S/o- Munna Sah Village- Mandari Ps-
Bhabhua Dist- Kaimur
4. Gauri Sah @ Gauri Shankar S/o- Munna Sah Village- Mandari Ps- Bhabhua
Dist- Kaimur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nagendra Rajak S/o- Triveni Dhobi Village- Mandari Ps- Bhabhua Dist-
Kaimur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwari, Advocate
For the Opposite Party/s : Ms.Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 20-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Bhabhua P.S. Case No. 431 of 2022 registered
for the offence under Sections 341, 323, 366(A), 376, 379, 504/
34 of the I.P.C. and Section 6 of POCSO Act and Sections 3(i)
(r)(s), 3(2)(v) of SC/ST Act.
3. As per the prosecution case, one Amarjeet Sah is
accused of kidnapping the daughter of the complainant.
Patna High Court CR. MISC. No.55976 of 2025(8) dt.20-02-2026
2/2
4. It has been submitted by the learned counsel for
the petitioners that the petitioner are innocent and they have
falsely been implicated in this case. It is next submitted that
petitioners are relatives of the main accused Amarjeet Sah who
is already in custody. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned
Additional Sessions Judge -VI-cum- Spl. Judge, POCSO,
Kaimur at Bhabhua/ concerned Court below in connection with
Bhabhua P.S. Case No. 431 of 2022, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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