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Patna High Court

Muni Lal Yadav @ Munna YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and conditions.

Summary

Muni Lal Yadav was arrested on 25‑02‑2025 in connection with a FIR alleging rape, caste‑based insults and offences under the BNS, POCSO and SC/ST Acts. The petitioner pleaded that the FIR was fabricated, he has a clean antecedent and the victim’s medical examination showed no signs of rape. The prosecution presented the victim’s statement under Section 183 of the BNS, while the trial court report indicated that no prosecution witnesses had yet been examined. The petitioner argued that the trial was likely to be prolonged and that bail was warranted given the lack of evidentiary support. The High Court, considering the clean antecedent, the medical report and the pending status of the trial, granted bail on a Rs 10,000 bond with two sureties and imposed conditions for cooperation and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the accused despite the seriousness of the charges under the BNS, POCSO and SC/ST Acts
  • Whether the absence of medical evidence of rape and the pending trial justify bail
  • Whether the petitioner’s clean antecedent and alleged political motivation affect the bail decision

Legislation cited

Subjects

  • bail
  • rape
  • POCSO Act
  • SC/ST Act
  • false FIR
  • criminal antecedent
  • trial delay
  • caste insult

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81925 of 2025
                        Arising Out of PS. Case No.-57 Year-2025 Thana- BARARI District- Katihar
                 ======================================================
                 Muni Lal Yadav @ Munna Yadav S/O Late Upendra Prasad Yadav @ Late
                 Upendra Yadav Resident of Village - Rounia Ward No.-2, P.S- Barari, Distt.-
                 Katihar

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Nilam Devi W/O Sanjay Rabidas Resident of Village - Rounia, P.S- Barari,
                 Distt.- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md Musowir, Advocate
                 For the Opposite Party/s :       Mr.Sadanand Paswan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   25-03-2026                  Heard Mr.Md Musowir,                 learned counsel for the

                   petitioner, learned counsel for the informant and Mr.Sadanand

                   Paswan, learned Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   25.02.2025 in connection with Barari P.S. Case No. 57 of 2025,

                   F.I.R. dated 24.02.2025 registered for the offence punishable

                   under Sections 65(1),351(2),(3)of BNS and Sections 4/6 of the

                   POCSO Act and Sections 3(1)(r)(s)/3(2)(v)(a) of SC/ST Act.

                                3. Allegation against the petitioner is that he took

                   away the victim and committed rape with her and used caste-

                   related words against the victim’s family.

                                4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.81925 of 2025(5) dt.25-03-2026
                                            2/4




          submits that the petitioner has clean antecedent. The allegation

          as alleged in the FIR is false and fabricated and the petitioner

          has not committed any offence as alleged in the FIR and due to

          village politics, the petitioner has falsely been implicated in the

          present case, apart from that, the date of occurrence as alleged

          in the FIR is 24.02.2025 and medical examination of the victim

          was conducted on the same day but no sign of rape was found

          on the person of the victim. The police, after investigation,

          submitted the chargesheet against the petitioner and the

          petitioner is in custody since 25.02.2025.

                       5. Learned counsel for the informant and learned

          A.P.P. for the State, on the other hand, on the basis of the

          material available on the record and the case diary, have

          vehemently opposed the prayer for bail of the petitioner and

          submits that the statement of the victim under Section 183 of

          BNSS, 2023 was recorded in which she has fully supported the

          case of the prosecution.

                       6. Vide order dated 18.02.2026, a report was called for

          with regard to the present stage of the trial. Report of the

          learned Trial Court dated 02.03.2026 reveals that the case is

          pending for evidence on behalf of the prosecution and no

          witness has been examined as yet.
Patna High Court CR. MISC. No.81925 of 2025(5) dt.25-03-2026
                                            3/4




                       7. Learned counsel for the petitioner submits that in

          view of the report of the learned Trial Court that there is no

          chance of early conclusion of the trial in near future and

          petitioner is in custody since 25.02.2025 more than one year,

          apart from that, medical report does not support the allegation as

          alleged in the FIR.

                       8. Considering the aforesaid facts, petitioner has clean

          antecedent as well as the report of the learned Trial Court, let

          the petitioner, above named, be released on bail on furnishing

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

          the like amount each to the satisfaction of learned District &

          Additional Sessions Judge-VII-cum-Special Judge, POCSO,

          Katihar in connection with Barari P.S. Case No. 57 of 2025,

          with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.
               Patna High Court CR. MISC. No.81925 of 2025(5) dt.25-03-2026
                                                           4/4




                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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