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Patna High Court

MUNNA SAIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Munna Sai was arrested in connection with a case of alleged molestation registered as Dhaka P.S. Case No. 610/2025, invoking Section 76 of the Bihar Narcotic Substances Act and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act. The petitioner pleaded innocence, asserted a clean antecedent, and had been in custody since 2 November 2025, seeking regular bail. The State opposed the bail on the ground of the seriousness of the offences. After considering the facts, the court found no compelling reason to deny bail and allowed the regular bail application. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail can be granted to an accused under Section 8/12 of the POCSO Act and Section 76 of the B.N.S. in a molestation case.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual offences
  • regular bail
  • criminal procedure
  • Bihar Narcotic Substances Act
  • Section 8 POCSO
  • Section 12 POCSO
  • Section 76 B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89282 of 2025
                    Arising Out of PS. Case No.-610 Year-2025 Thana- DHAKA District- East Champaran
                 ======================================================
                 MUNNA SAI S/o Lalbabu Sai Resident of village- Fulwariya, Ps- Dhaka,
                 District- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX (S.H.O.) Presently posted Dhaka P.S., Distt.- East Champaran Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aditya Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   30-03-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Dhaka

                   P.S. Case No. 610/2025 registered for the offences punishable

                   under Section 76 of B.N.S. and Sections 8/12 of POCSO Act.

                                3. As per the prosecution case, petitioner is accused of

                   molesting the victim.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that petitioner has

                   clean antecedent and he is in custody since 02.11.2025. The

                   petitioner undertakes to co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer
              Patna High Court CR. MISC. No.89282 of 2025(4) dt.30-03-2026
                                                          2/2




                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the

                        case, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned District and Additional Sessions

                        Judge -cum- Exclusive Special Judge, POCSO Act, East

                        Champaran at Motihari /concerned Court below in connection

                        with Dhaka P.S. Case No. 610/2025.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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