Patna High Court
Ram Naresh Jha @ Bikau JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Ram Naresh Jha, sought regular bail in a case (PS 381/2024) involving alleged offences under the B.N.S., the POCSO Act and the Information Technology Act, where he was accused of being the father of the main accused who allegedly harassed a minor. The prosecution contended that the petitioner was implicated in the offences, while his counsel argued that the implication was false and that he had only one prior criminal antecedent. The petitioner had been in custody since 12 July 2025 and pledged to cooperate with the trial. The Additional Public Prosecutor opposed bail, but the court considered the facts, the petitioner’s cooperation, and the lack of substantive evidence against him. Consequently, the court allowed the bail application, directing release on a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the B.N.S., POCSO Act and IT Act.
- Whether the petitioner was falsely implicated and thus eligible for bail notwithstanding his prior criminal antecedent.
Legislation cited
- B.N.S. — s. 3(5), 351(2), 352, 75, 78
- Information Technology Act — s. 66(c), 67
- POCSO Act — s. 12, 8
Subjects
- bail
- false implication
- POCSO
- Information Technology Act
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78868 of 2025
Arising Out of PS. Case No.-381 Year-2024 Thana- JANDAHA District- Vaishali
======================================================
Ram Naresh Jha @ Bikau Jha S/o Late Vishwanath Jha Resident of Village -
Mahisaur, P.S - Jandaha (Mahisaur), District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rambha Mishra Wife of Chandan Kumar Mishra Resident of Village- Dih
Buchauli Police Station Mahisaur, District- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar, Advocate
Mr.Sushil Kumar, Advocate
For the Opposite Party/s : Mr.Dr. Ajeet Kumar,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Mahisaur (Jandaha) P.S. Case No. 381/2024 registered for the
offences punishable under Sections 75/78/ 352/ 351(2)/ 3(5) of
B.N.S. and under Sections 8/12 of the P.O.C.S.O. Act read with
Sections 66(c)/67 of Information Technology Act.
3. As per the prosecution case, petitioner is the father
of the main accused who is alleged to have harassed a minor girl
by stalking and photographing her
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.78868 of 2025(4) dt.09-01-2026
2/2
Learned counsel further submits that petitioner has one criminal
antecedent and he is in custody since 12.07.2025. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional District and Sessions
Judge-VI- cum- Exclusive Special Court, POCSO, Vaishali at
Hajipur/concerned Court below in connection with Mahisaur
(Jandaha) P.S. Case No. 381/2024.
(Sandeep Kumar, J)
tusharika/-
U T
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