Patna High Court
Munna Patel @ Brijbhan Singh @ Muna PatelversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed, and the petitioner was not granted bail.
Summary
Munna Patel (Petitioner) was charged under Sections 84 and 143(2) of the Bharatiya Nyaya Sanhita for alleged trafficking of a woman. The petitioner sought bail for the second time after an earlier bail application was rejected. The court noted that the charge had been framed, only one of six witnesses had been examined, and the trial had already commenced. Relying on the Supreme Court’s decision in Pinki v. State of U.P. (2025) and considering the gravity of the offence, the judge declined to revisit the earlier order. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted in a trafficking case under Sections 84 and 143(2) of the Bharatiya Nyaya Sanhita given the stage of trial and applicable Supreme Court precedent
Legislation cited
- Bharatiya Nyaya Sanhita — s. 143(2), 84
Subjects
- bail
- trafficking of women
- Bharatiya Nyaya Sanhita
- criminal procedure
- Supreme Court precedent
- trial progress
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5923 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Munna Patel @ Brijbhan Singh @ Muna Patel S/O Kripashankar @
Kripashankar Singh Resident Of Village- Pakari Narhiya, P.s.- Bankata, Dist.-
Deoria, U.P.
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Dwivedi, Adv
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Mairwa P.S.Case
No. 67 of 2025 registered for the offence punishable under
Sections 84 and 143(2) of BNS.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 16.07.2025 passed in Cr. Misc.
No.43066 of 2025 which reads as under:-
“Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Mairawa P.S. Case No. 67
of 2025 registered for the offence
punishable under Sections 84 and 143(2)
of the Bharatiya Nyaya Sanhita.
Patna High Court CR. MISC. No.5923 of 2026(2) dt.12-02-2026
2/2
3. The petitioner and others are
said to have enticed away the victim for
working at Mathura and thereafter they
got her married to one Lavkesh. It is a
case of trafficking of woman.
4. This application is dismissed
in view of the judgment of the Hon’ble
Supreme Court in the case of Pinki vs.
State of U.P. & Anr. reported as 2025
INSC 482 = 2025 SCC OnLine SC 781.
5. The Court below is directed to
expedite the trial and conclude the same
within six months.”
4. Learned counsel for the petitioner submits that
the charge has been framed. It is further submits that out of 6
witnesses only 1 witness has been examined.
5. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
N.K/-
U T
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