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Patna High Court

Amresh JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

Amresh Jha was arrested on 26 November 2025 in connection with a case registered under Sections 137(2) and 96 of the BNS, following an FIR alleging the disappearance of a minor girl. The petitioner claimed a clean antecedent and argued that the FIR was fabricated, noting that the recovered victim gave a statement under Section 183 of the BNSS, 2023 that did not support the prosecution and refused medical examination. The State opposed bail, emphasizing the victim’s minority and the seriousness of the alleged offences. The Court, after considering the lack of victim cooperation and the petitioner’s clean record, ordered bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the District & Additional Sessions Judge‑VI‑cum‑Special Judge, POCSO Act, Sitamarhi.

Issues considered

  • Whether bail should be granted to the petitioner despite the allegations under Sections 137(2) and 96 of the BNS.
  • Whether the victim’s statement under Section 183 of the BNSS, 2023 and refusal of medical examination affect the bail decision.

Legislation cited

Subjects

  • bail
  • minor victim
  • fabricated FIR
  • Section 183
  • POCSO Act
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12827 of 2026
                       Arising Out of PS. Case No.-48 Year-2025 Thana- GADHA District- Sitamarhi
                 ======================================================
                 Amresh Jha S/o Devendra Jha R/o Village - Manik Chawk, Tola Thikha, Ward
                 No. 01, P.S - Gadha, District - Sitamarhi

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X W/o Late Ritlal Mahto R/o Village - Manik Chawk, Tola Thikha, Ward
                 No. 01, P.S - Gadha, District - Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Krishna Prabhat, Advocate
                 For the Opposite Party/s :       Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-04-2026                  Heard Mr.Krishna Prabhat, learned counsel for the

                   petitioner, learned counsel for the informant and Mr.Nirmal

                   Kumar Sinha, learned Additional Public Prosecutor for the

                   State.

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

                   26.11.2025 in connection with Gadha P.S. Case No. 48 of 2025,

                   F.I.R. dated 14.07.2025 registered for the offence punishable

                   under Sections 137(2) and 96 of BNS.

                                3. The prosecution case, in short, as per FIR on

                   10.07.2025, informant’s daughter date of birth 01.01.2013 went

                   missing when she had gone to school.

                                4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.12827 of 2026(3) dt.30-04-2026
                                            2/3




          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. Further

          submits that the victim was recovered and her statement was

          recorded under Section 183 of BNSS, 2023 in which she has not

          supported the case of the prosecution and apart from that, she

          has also refused for her medical examination. The police, after

          investigation, submitted the chargesheet against the petitioner

          and the petitioner is in custody since 26.11.2025.

                       5. Learned counsel for the informant and learned

          A.P.P. for the State, on the other hand, has vehemently opposed

          the prayer for bail of the petitioner and submits that the victim

          was minor on the date of occurrence but fairly submits that the

          victim has refused for her medical examination, apart from that

          the victim has not supported the case of the prosecution.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent and the victim has not supported the case of the

          prosecution in her statement under Section 183 of BNSS,2023,

          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-VI-cum-Special Judge, POCSO Act,
               Patna High Court CR. MISC. No.12827 of 2026(3) dt.30-04-2026
                                                           3/3




                         Sitamarhi in connection with Gadha P.S. Case No. 48 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.

                                      (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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