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Patna High Court

Anant Kumar Ram @ Anant RamversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that there was no fresh ground to grant bail and therefore dismissed the bail application.

Summary

Anant Kumar Ram, a worker at a home for mentally and physically disabled children, was charged under Sections 120B, 201, 323, 342, 377 of the IPC, Sections 6, 9, 10 and 17 of the POCSO Act and Sections 75, 82 and 85 of the Juvenile Justice Act for alleged abuse and failure to forward complaints of child victims. He has been in custody since 5 August 2023 and has filed three regular bail applications, the first two of which were rejected on 29 February 2024 and 11 April 2025. The State and the CBI opposed bail, arguing the seriousness of the offences involving vulnerable children. The Patna High Court, noting that the trial had only begun, only one witness had been examined, and no fresh ground for bail existed, declined to grant bail and dismissed the application. The court directed the CBI to produce remaining witnesses promptly and the trial judge to expedite the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with serious offences under the IPC, POCSO Act and Juvenile Justice Act.
  • Whether the commencement of trial and lack of fresh ground justify denial of bail.
  • Whether the petitioner’s prolonged custody and alleged non‑cooperation affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal conspiracy
  • child sexual abuse
  • juvenile justice
  • trial delay
  • CBI
  • high court
  • regular bail
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13987 of 2026
                    Arising Out of PS. Case No.-96 Year-2018 Thana- INDUSTRIAL District- Bhagalpur
                 ======================================================
                 Anant Kumar Ram @ Anant Ram S/o Late Basudeo Ram Resident Of
                 Village- Bhawanpura, P.S.- Kharik, District- Bhagalpur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Patna
           2.     The Central Bureau of Investigation through its Director, Patna Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Hafiz Shahbaz Arif, Advocate
                 For the State           :        Mr.Shyam Kumar Singh, APP
                 For the C.B.I.          :        Mr. Niranjan Chatterjee, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   24-04-2026                      Heard learned counsel for the petitioner, learned

                   Additional Public Prosecutor for the State and learned counsel for

                   the Central Bureau of Investigation.

                                 2. This is the third attempt of the petitioner for grant of

                   regular bail in connection with Industrial Area P.S. Case No.

                   96/2018 registered for the offences punishable under Sections

                   120(B), 201, 323, 342, 377 of I.P.C. and Sections 6,9,10 and 17 of

                   POCSO Act and Sections 75, 82 and 85 of the J.J. Act.

                                 3. Earlier the bail application of the has been rejected

                   twice vide orders dated 29.02.2024 and 11.04.2025 passed in Cr.

                   Misc. No. 77992/2023 and Cr. Misc. No. 66922/2024 respectively.

                                 4. This Court on 29.02.2024 had passed the following

                   order:-
Patna High Court CR. MISC. No.13987 of 2026(3) dt.24-04-2026
                                            2/3




                                       “               Heard learned senior counsel for
                          the petitioner, learned counsel for the CBI and learned
                          APP for the State.
                                       2. The petitioner seeks bail in connection
                          with Industrial Area P.S. Case No. 96 of 2018
                          registered for the offence under Section 120-B, 201,
                          323, 342, 377 of the Indian Penal Code, under Section
                          6, 9, 10 and 17 of the POCSO Act and under Section
                          75, 82 and 85 of the J.J. Act, 2015.
                                           3.        As per the prosecution case, the
                          petitioner was working in a children home where the
                          mentally and physically disabled children used to live
                          and the allegation against the petitioner is that he does
                          not forward the complaints of the victim children to
                          the higher authorities.
                                           4.        Learned counsel for the petitioner
                          submits that the petitioner is innocent and he has
                          falsely been implicated in this case. He further submits
                          that the main accused in this case is one Parwej Das.
                                           5. It is also submitted by the learned
                          counsel for the petitioner that the petitioner is in jail
                          since 5.8.2023.
                                           6. Learned APP for the State assisted by
                          learned counsel for the CBI has vehemently opposed
                          the prayer of the petitioner for grant of bail by
                          contending that petitioner may not be granted bail by
                          this Court as he is involved in the abuse of minor
                          children who are physically and mentally disabled.
                                           7. Considering the aforesaid facts, this
                          Court is not inclined to grant bail to the petitioner.
                                                8.      Accordingly, this application is
                          dismissed.
              Patna High Court CR. MISC. No.13987 of 2026(3) dt.24-04-2026
                                                          3/3




                                                     9.    The trial Court is directed to expedite
                                        the trial of the petitioner and conclude the same at the
                                        earliest. If there is no sufficient progress in the trial
                                        due to the fault of the prosecution side then the
                                        petitioner may renew his prayer for grant of bail. ”


                                     5. The petitioner is in custody since 05.08.2023.

                        Learned counsel for the C.B.I. submits that after the order of this

                        Court, only one witness has been examined.

                                     6. Considering the fact that the trial has started and no

                        fresh ground for review is made out, this Court is not inclined to

                        grant bail to the petitioner.

                                     7. The C.B.I. is directed to produce the witnesses on the

                        dates fixed and will ensure that there is no delay in the trial. The

                        Trial Judge is also directed to give short dates and will examine

                        the witnesses on the dates so fixed.

                                     8. Let a copy of this order be communicated through

                        FAX or e-mail to the Principal District Judge, Bhagalpur for its

                        compliance.

                                     9. Accordingly, this application is dismissed.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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