Patna High Court
MUNNA SAIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
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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