Patna High Court

Tushar BhartiversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Tushar Bharti, was arrested in connection with Pothiya police case No. 77 of 2024, which alleged offences under Sections 64, 76, 308, 3(5) of the BNS Act, 67(A) of the IT Act and later Sections 4 and 6 of the POCSO Act. The FIR states that co‑accused Ritik Yadav sexually exploited the minor daughter of the informant, took obscene photographs and extorted money, while the petitioner is alleged to have facilitated a marriage between the victim and the main accused. The petitioner pleaded innocence, claiming he was falsely implicated and has a clean antecedent, and sought regular bail. The informant’s counsel opposed bail, asserting the petitioner’s complicity. The Court, after considering the facts, granted regular bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation in the trial.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offences, including those under the POCSO Act.

Legislation cited

BNS Act — s. 308, 3(5), 64, 76
Information Technology Act — s. 67(A)
Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6

Subjects

bail
POCSO Act
sexual exploitation of minor
extortion
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62958 of 2025
                          Arising Out of PS. Case No.-77 Year-2024 Thana- Pothia District- Katihar
                 ======================================================
                 Tushar Bharti S/O Rajesh Kumar Bharti @ Rajesh Bharti R/O Village-
                 Ruchdev Simariya, P.S.- Pothiya, District- Katihar
                                                                    ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Ranjna Devi W/O Birendra Patel R/O Village- Bhangha, P.S.- Pothia,
                  District- Katihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Arun Kumar Mandal
                 For the State             :        Mr. Satyendra Prasad
                 For the Informant         :        Mr. Sanjeev Kr. Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   05-01-2026                          Heard learned counsel for the petitioner as well as

                   informant and learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail in

                   connection with Pothiya P.S. Case No. 77 of 2024, registered for the

                   offences punishable under Sections 64, 76, 308, 3(5) of the BNS and

                   67(A) of the I.T. Act and later on Section 4 and 6 of POCSO Act

                   were added.

                                    3. As per the FIR, co-accused Ritik Yadav trapped the

                   minor daughter of the informant, and at the pretext of marriage,

                   sexually exploited her and also took her obscene photographs.

                   Thereafter, he along with other co-accused persons threatened her to

                   make the photos viral and also extorted Rs. 8-10 lakhs from her.

                                  4. The learned counsel for the petitioner has submitted
             Patna High Court CR. MISC. No.62958 of 2025(5) dt.05-01-2026
                                                         2/2




                       that the petitioner is innocent and has falsely been implicated in the

                       present case. He has further submitted that main allegation of sexual

                       exploitation is against co-accused Ritik Yadav and not against this

                       petitioner. The allegation against the petitioner is that he assured the

                       victim to facilitate her marriage with the main accused, Ritik Yadav.

                       It has further been submitted that the petitioner is a person of clean

                       antecedent and is in custody since 15.07.2025.

                                     5. On the other hand, the learned counsel for the

                       informant has opposed the prayer for bail by submitting that the

                       petitioner has also complicity in the alleged occurrence.

                                       6.   Considering        the    above-mentioned    facts    and

                       circumstances, let the petitioner above-named be released on bail on

                       furnishing bail bonds of Rs.10,000/- with two sureties of the like

                       amount each to the satisfaction of learned District and Additional

                       Sessions     Judge-VI-cum-Special             Judge,   POCSO,    Katihar    in

                       connection with Pothiya P.S. Case No. 77 of 2024, subject to the

                       condition that the petitioner shall cooperate in the disposal of trial

                       and make himself available as and when required by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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