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Patna High Court

Munna RamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The High Court denied bail, holding that there was no fresh ground to overturn the earlier rejection and that bail is ordinarily not to be entertained once trial of serious offences has commenced.

Summary

Munna Ram and Mina Devi, accused under Sections 420, 372, 373, 376, 506, 34 of the IPC and Section 8 of the POCSO Act, applied for bail after being in judicial custody since 23 June 2024. Their earlier bail plea was rejected, and the trial is presently at the prosecution‑evidence stage with three of six charge‑sheeted witnesses examined. The State opposed bail, relying on a Supreme Court precedent that bail should rarely be granted once trial of serious offences has commenced. The High Court found no fresh ground to revisit the earlier decision and upheld the rejection of bail, directing the lower court to complete the trial within three months, with a provision to renew the bail application if the deadline is missed. The petition for bail was therefore dismissed.

Issues considered

  • Whether bail can be granted at an advanced stage of trial for serious offences under the IPC and POCSO Act
  • Whether the Supreme Court precedent cited by the State bars bail once prosecution evidence is being recorded
  • Whether any fresh ground exists to reconsider the earlier bail denial

Legislation cited

Subjects

  • bail
  • POCSO
  • serious offences
  • trial stage
  • high court
  • expedited trial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71763 of 2025
                   Arising Out of PS. Case No.-211 Year-2024 Thana- KUDRA District- Kaimur (Bhabua)
                 ======================================================
           1.     Munna Ram S/o Ramchandra Ram R/o Village- Ghatawn, P.S.- Kudra,
                  District- Kaimur at Bhabhua
           2.    Mina Devi W/o Munna Ram R/o Village- Ghatawn, P.S.- Kudra, District-
                 Kaimur at Bhabhua

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X, R/o Village- Ghatawn, P.S.- Kudra, District- Kaimur at Bhabhua

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pawan Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 For the Informant        :       Mr. Sadanand Roy, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The petitioners seek bail in connection with POCSO

                   Case No. 53 of 2024 arising out of Kudra P.S. Case No. 211 of

                   2024 instituted for the offences under Sections 420, 372, 373,

                   376, 506, 34 of the Indian Penal Code and Section 8 of the

                   POCSO Act.

                             3. Earlier vide order dated 03.03.2025 passed in Cr.

                   Misc. No. 64828 of 2024, regular bail of the petitioners was

                   rejected by this Court considering the nature and gravity of

                   offence.
Patna High Court CR. MISC. No.71763 of 2025(3) dt.09-01-2026
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                   4. In compliance of the order dated 10.10.2025, a report

          dated 17.10.2025 with regard to the present stage of trial has

          been received. From perusal of the aforesaid report, it appears

          that the trial is at the stage of prosecution evidence and there are

          six charge-sheeted witnesses and out of which three witnesses

          have been examined.

                   5. Learned counsel for the petitioners submits that the

          petitioners are languishing in judicial custody since 23.06.2024

          without any rhymes or reason and have no criminal antecedents.

                   6. Learned APP for the State opposes the prayer for

          grant of bail. Learned APP for the State relied upon a decision

          of the Hon’ble Apex Court reported in 2024 SCC OnLine SC

          3539 (X. vs. State of Rajasthan & Anr.), wherein in paragraph

          no. 14, the Hon’ble Apex Court has held has under:

                          “14. Ordinarily in serious offences like rape,

                          murder, dacoity, etc., once the trial commences and

                          the prosecution starts examining its witnesses, the

                          Court, be it the Trial Court or the High Court

                          should be loath in entertaining the bail application

                          of the accused.”

                   7. There is no fresh ground to consider the bail petition

          of the petitioners. From the aforesaid report, it appears that the
           Patna High Court CR. MISC. No.71763 of 2025(3) dt.09-01-2026
                                                       3/3




                     trial is going on and is at an advance stage.

                                  8. In view of the above, the prayer for bail of the

                     petitioners is again rejected with a direction to the court below

                     to expedite the trial and conclude the same expeditiously

                     preferably within a period of three months from today. If the

                     trial is not concluded within the period of three months, as

                     stated above, the petitioners will be at liberty to renew their

                     prayer before the court below.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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