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Patna High Court

Ritesh MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted subject to stringent conditions.

Summary

Ritesh Mahto was arrested in a rape case (Section 64 of the Bharatiya Nyaya Sanhita, 2023) and for allegedly publishing a pornographic video (Section 67(A) of the Information Technology Act). He filed a second bail application after an earlier denial, claiming he was falsely implicated due to a family dispute, that the video’s authenticity was unproven, and that forensic and investigative evidence (no spermatozoa, no IP address, no CDR) was lacking. The prosecution argued that the accused had admitted his involvement and identified co‑accused. The trial court had not yet examined any prosecution witnesses, and the case had been pending for over a year. Considering the delay, lack of substantive evidence, and the petitioner’s clean antecedents, the High Court granted bail with strict conditions, emphasizing that the order would not affect the trial.

Issues considered

  • Whether bail should be granted in a serious offence of rape and video pornography despite the accused’s alleged admission.
  • Whether the absence of forensic evidence, investigative lapses, and delay in filing the FIR justify bail.
  • Whether the stage of trial (no prosecution witnesses examined) warrants bail.

Legislation cited

Subjects

  • rape
  • sexual assault
  • pornographic video
  • Information Technology Act
  • Bharatiya Nyaya Sanhita
  • bail
  • criminal procedure
  • forensic evidence
  • investigation lapses
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17960 of 2026
                     Arising Out of PS. Case No.-493 Year-2024 Thana- MADHAURAH District- Saran
                 ======================================================
                 Ritesh Mahto, Son of Bhagwan Mahto, R/o Village- Pakaha P.S.- Marhaura
                 District- Saran.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shekhar Harshvardhan, Adv.
                 For the Opposite Party/s :      Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

5   15-05-2026                      This is second regular bail application on behalf of

                   petitioner. Earlier, his application for grant of bail was rejected

                   by this Court vide order dated 22.05.2025 passed in Cr. Misc.

                   No. 9646 of 2025.

                                    2. Heard the learned counsel for the petitioner and

                   the learned Addl. Public Prosecutor for the State.

                                   3. The petitioner, who is in custody, seeks bail in

                   connection with Marhaura P.S. Case No. 493 of 2024 registered

                   for the offence(s) punishable under Section(s) 64 of the

                   Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and Section(s) 67(A) of

                   the Information Technology Act.

                                   4. The petitioner is alleged to have committed rape

                   upon the informant and had also recorded a video, which was

                   deliberately made viral.
Patna High Court CR. MISC. No.17960 of 2026(5) dt.15-05-2026
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                          5. The learned counsel for the petitioner submits

          that the petitioner is innocent and has falsely been implicated in

          this case on account of the fact that there is dispute with regard

          to drainage between his family and the family of the informant,

          being next door neighbours. It has been submitted that the

          petitioner has been made a scapegoat and only to settle personal

          scores, he has been falsely implicated in this case. It has further

          been submitted that the allegation upon the petitioner that he

          had made a video and had also made it viral is not supported by

          any evidence, which was collected during the course of

          investigation. It has been pointed out that the police has not

          collected any IP address or any detail as to the device from

          which the said video was made viral and barring a pen drive,

          which was provided to the learned Court below, there is nothing

          on record to suggest that it was the petitioner who had made the

          video viral.      It has been vehemently argued that unless the

          veracity of the video is tested, the same cannot be relied upon.

                          6. The learned counsel for the petitioner has also

          submitted that the informant/victim had not taken the name of

          any other person to be present at the time of occurrence.

          However, the police, during course of investigation, recorded a

          so-called beyan of the petitioner, wherein he has taken the
Patna High Court CR. MISC. No.17960 of 2026(5) dt.15-05-2026
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          names of two persons, namely, Munnu Kumar and Sujit Kumar,

          who are said to have recorded the said video.

                          7. Referring to the medical examination report of

          the victim/informant, it has been submitted by the learned

          counsel for the petitioner that the report suggest that no

          spermatozoa was seen and there was no evidence of recent

          sexual intercourse at the time of the examination. It has also

          been argued that the incident is said to have taken place on

          19.08.2024, however no report was lodged with the police

          immediately after the so-called incident and, ultimately, in a pre-

          planned manner a typed application was prepared and the FIR

          was finally lodged on 31.08.2024 and no explanation for such

          delay has been given in the said application.

                          8. The learned counsel for the petitioner has further

          pointed out that the police, during the course of investigation,

          had not procured any CDR, which would also throw some light

          on the presence of the petitioner at the place of occurrence. It

          has lastly been submitted that the petitioner has clean antecedent

          and he is in custody since 01.09.2024.

                          9. The learned Addl. Public Prosecutor for the State

          has vehemently opposed the prayer for bail and has stated that

          during the course of investigation, the petitioner has admitted
Patna High Court CR. MISC. No.17960 of 2026(5) dt.15-05-2026
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          his involvement in the said crime and has also taken the names

          of the other co-accused persons, who had recorded the video of

          the said incident and also made it viral.

                          10. This Court had called for a report vide order

          dated 01.05.2026 with regard to the stage of the trial in

          compliance of which, the learned Trial Court has submitted a

          report dated 07.04.2026, stating that as per the charge-sheet,

          there are six witnesses named. However, till date, not a single

          prosecution witness has been examined. It has been pointed out

          that summons and bailable warrants against the non-official

          witnesses have also been issued.

                          11.    Regard       being     had    to   the   facts   and

          circumstances of the case and taking note of the fact that the

          trial has yet not progressed in the present case and the petitioner

          is in custody since 01.09.2024, let the petitioner, above-named,

          be released on bail on his/her furnishing bail bonds of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Court below where the

          case is pending/successor Court in connection with Marhaura

          P.S. Case No. 493 of 2024, subject to the following conditions:-

                                 (i)    One of the bailors of the petitioner shall be
                            his/her close relative and the other shall be a local
                            resident.
                                 (ii) The petitioner shall remain physically present
            Patna High Court CR. MISC. No.17960 of 2026(5) dt.15-05-2026
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                                        before the concerned Court on each and every date of the
                                        trial and shall cooperate in the investigation.
                                              (iii) In case of absence for two consecutive occasions
                                        or in violation of the terms of the bail, the bail bonds of
                                        the petitioner will be liable to be cancelled by the
                                        concerned Court.
                                              (iv) If the petitioner, in future, is found to be
                                        involved in similar nature of offence(s), the prosecution
                                        shall be at liberty to move for cancellation of his/her bail
                                        bonds.
                                              (v) The petitioner shall refrain from approaching the
                                        victim/informant or her family members till the pendency
                                        of the trial.
                                              (vi) The concerned Court shall verify the criminal
                                        antecedents of the petitioner and in case, at any stage, it is
                                        found that he/she has concealed his/her criminal
                                        antecedents, the Court concerned shall take necessary
                                        steps for cancellation of his/her bail bond. 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.


                                       12. It is made clear that the observations, if any,

                      made in this order, shall be of no bearing during the trial.

                                       13. The application stands allowed.



                                                 (Sourendra Pandey, J)
Praveen-II/-

U       T


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