Patna High Court
Nand Kishore Mehata @ Nand Kishore MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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 The petition also included his son, petitioner No.2, whose application was withdrawn at his counsel's request.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 The order also dismissed the withdrawn application of petitioner No.2.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
- Bharatiya Nyaya Sanhita — s. 308(1), 3(5), 351(2), 352, 482(2), 74
- Information Technology Act — s. 67
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
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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
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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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