Patna High Court

Munna Rai@Munna kumarversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Munna Rai, sought bail in a criminal case registered under Sections 137(2), 140(3), 103(1), 238, 61(2) and 3(5) of the B.N.S., relating to the alleged kidnapping and subsequent death of the informant's brother‑in‑law. The prosecution’s case relied primarily on the confessional statement of co‑accused Tara Devi, with no other material linking the petitioner to the offence. The petitioner argued that he was not named in the FIR and that the only evidence against him was the confessional statement, which was insufficient to justify continued custody. The State and the informant opposed bail, emphasizing the seriousness of the charges. The Court, after considering the nature of the accusations, the lack of substantive evidence beyond the confession, and the period of custody, granted bail, ordering the petitioner to be released on a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner given that the only evidence against him is a confessional statement of a co‑accused.
Whether the petitioner’s alleged involvement in the kidnapping and death warrants continued detention.

Legislation cited

B.N.S. — s. 103(1), 137(2), 140(3), 238, 3(5), 61(2)

Subjects

bail
criminal procedure
confessional statement
kidnapping
death by drowning
B.N.S.
sections 137, 140, 103, 238, 61, 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86815 of 2025
                        Arising Out of PS. Case No.-265 Year-2025 Thana- DESARI District- Vaishali
                 ======================================================
                 Munna Rai @ Munna kumar R/o Tarni Rau R/o Village - Pohiyar Buzurg, P.S.
                 - Sahadaie, Dist. - Vaishali.

                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner         :      Mr. Krishna Prasad Singh, Sr. Advocate
                                                   Mr. Ranjit Kumar Thakur, Advocate
                 For the State              :      Mr. Pramod Kumar Pandey, APP
                 For the Informant          :      Mr. Hemant Ray, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   12-02-2026                  Heard Mr. Krishna Prasad Singh, learned senior

                   counsel for the petitioner, Mr. Pramod Kumar Pandey, learned

                   A.P.P. for the State and Mr. Hemant Ray, learned counsel

                   appearing on behalf of the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 137(2), 140(3), 103(1), 238,

                   61(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, informant, namely Gita

                   Devi, alleged that her brother-in-law went missing since the

                   night of 13.07.2025. The informant believes that co-accused

                   Tara Devi, in connivance with other co-accused persons,

                   kidnapped          the       victim       (informant’s          brother-in-law).
Patna High Court CR. MISC. No.86815 of 2025(3) dt.12-02-2026
                                            2/3




          Subsequently, during course of investigation, dead-body of the

          victim was recovered.

                       4. It is submitted by learned counsel for the petitioner

          that petitioner is quite innocent and has committed no offence.

          Petitioner is not named in the F.I.R. Name of petitioner

          transpired in this case during course of investigation, merely on

          the basis of confessional statement of co-accused Tara Devi.

          Save and except confessional statement, there is no other

          material on record to show the complicity of this petitioner in

          the alleged occurrence. As per post mortem report, cause of

          death is due to drowning. Moreover, charge-sheet has already

          been submitted and petitioner is in custody since 20.07.2025.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant have vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, nature of accusation, materials that have surfaced during

          course of investigation and period of custody, the prayer for

          grant bail of to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner be

          released on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the
             Patna High Court CR. MISC. No.86815 of 2025(3) dt.12-02-2026
                                                         3/3




                       satisfaction of learned Chief Judicial Magistrate, Vaishali at

                       Hajipur in connection with Desari P.S. Case No. 265 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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