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Patna High Court

Nand Kishore Mehata @ Nand Kishore MehtaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that petitioner No.1 is entitled to anticipatory bail, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

Petitioner No.1, a 71‑year‑old senior citizen with a clean record, sought anticipatory bail after the FIR alleged offences under Sections 74, 351(2), 352, 308(1), 3(5) of the Bharatiya Nyaya Sanhita and Section 67 of the IT Act, stemming from a complaint that his son had installed a spy‑camera and extorted money. The petition also included his son, petitioner No.2, whose application was withdrawn at his counsel's request. The State opposed the bail. The Court, after considering the petitioner's age, clean antecedent and the lack of a direct allegation against him, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order also dismissed the withdrawn application of petitioner No.2.

Issues considered

  • Whether petitioner No.1 is entitled to anticipatory bail despite the FIR alleging serious offences under the BNSS and IT Act.
  • Whether the petitioner's senior citizen status and clean antecedent justify granting bail.
  • Effect of the withdrawal of petitioner No.2's anticipatory bail application on the proceedings.

Legislation cited

Subjects

  • anticipatory bail
  • senior citizen
  • privacy violation
  • spy camera
  • extortion
  • cybercrime
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39899 of 2026
                    Arising Out of PS. Case No.-184 Year-2025 Thana- MAHILA PS District- Darbhanga
                 ======================================================
           1.     Nand Kishore Mehata @ Nand Kishore Mehta S/o Shivji Mehta R/o Village
                  - Bajitpur, P.S. - Bajitpur, District - Darbhanga.
           2.    Ram Mehta @ Shree Ram Mehta @ Puri Babu S/o Nand Kishore Mehata @
                 Nand Kishore Mehta R/o Village - Bajitpur, P.S. - Bajitpur, District -
                 Darbhanga.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Lushi Kumari D/o Pramod Kumar R/o Village - Bajitpur, P.S. - Bajitpur,
                 District - Darbhanga.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar
                 For the Opposite Party/s :       Ms.Nirmala Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-06-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    Learned counsel for the petitioners, after arguing

                   vehemently for some time realising his difficulty, seeks

                   permission to withdraw the anticipatory bail application with

                   respect to petitioner no. 2, (Ram Mehta @ Shree Ram Mehta @ Puri

                   Babu).

                             3.    Permission is accorded.

                             4.    Accordingly, the anticipatory bail application is

                   dismissed as withdrawn with respect to petitioner no. 2, (Ram

                   Mehta @ Shree Ram Mehta @ Puri Babu).
Patna High Court CR. MISC. No.39899 of 2026(2) dt.30-06-2026
                                            2/3




                   5.     The petitioner No. 1 apprehends his arrest in a case

          registered for the offences punishable under Sections 74, 351(2),

          352, 308(1) and 3(5) of the Bharatiya Nyaya Sanhita and

          Section 67 of the IT Act.

                   6.     Learned counsel for the petitioner submits that

          petitioner no. 1 is a person with clean antecedent and is a senior

          citizen aged about 71 years and the informant alleges that she

          was residing on rent in the house of petitioner no. 1, further on

          20-12-2025 at 8:30 am, when she was about to leave for her

          school, the informant realised that Ram Mehta had installed a

          spy camera in her room and recorded her private video, which

          was subsequently made viral on WhatsApp and when she

          decided to leave the room, Ram Mehta restrained and demanded

          Rs. 25,000/-

                   7.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that thrust of

          the allegation is against Ram Mehta, who is son of petitioner no.

          1 and as far as petitioner no. 1 is concerned, there is no specific

          allegation alleged against him. It is also submitted that petitioner

          is senior citizen aged about 71 years and has remained a person
              Patna High Court CR. MISC. No.39899 of 2026(2) dt.30-06-2026
                                                          3/3




                        with clean antecedent all throughout.

                                 8.     Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail of the petitioner.

                                 9.     Considering the submissions made by the learned

                        counsel for the petitioner, the petitioner No. 1 above-named, in

                        the event of his arrest or surrender within a period of six weeks

                        from today, be released on anticipatory bail on furnishing bail

                        bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                        of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection

                        with Mahila P.S. Case No. 184 of 2025,               subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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