Patna High Court
Mukesh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the extended pre‑trial detention and lack of imminent trial conclusion warranted the grant of bail, subject to strict conditions.
Summary
Mukesh Ram was arrested on 13 January 2023 in connection with a 2022 case involving offences under IPC sections 366(A) and 34 and POCSO Act sections 8 and 12. His bail applications had been rejected twice earlier. The trial court had examined only two of seven prosecution witnesses, indicating a significant delay in the trial. Counsel argued that the three‑year pre‑trial detention was unjustified and that the trial was unlikely to conclude soon. The Additional Public Prosecutor opposed bail. Considering the prolonged custody and the pending status of the trial, the High Court ordered the release of the petitioner on bail of Rs.10,000 with two sureties and imposed conditions for cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under IPC and POCSO statutes.
- Whether the length of pre‑trial detention and the delay in trial proceedings justify the grant of bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Indian Penal Code — s. 34, 366(A)
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- pre‑trial detention
- POCSO
- IPC
- trial delay
- West Champaran
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81674 of 2025
Arising Out of PS. Case No.-706 Year-2022 Thana- JOGAPATTI District- West Champaran
======================================================
Mukesh Ram S/o Raushan Ram Resident of Village - Balua Murat Rai
(Bhawani Rai), Police Station- Yogapatti, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Om Prakash Mishra S/o Kanti Mishra R/o vill - Balua Bhawani Rai, P.s-
Yogapatti, Distt.- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pratik, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 13-02-2026 Heard Mr.Pratik, learned counsel for the petitioner
and Mr.Ajay Kumar Jha, learned Additional Public Prosecutor
for the State.
2. The petitioner seeks bail, who is in custody since
13.01.2023 in connection with Yogapatti P.S. Case No. 706 of
2022, which gave rise to CIS-POCSO-70/2023, F.I.R. dated
24.12.2022 registered for the offence punishable under Sections
366(A),34 of IPC and Sections 8 & 12 of the POCSO Act.
3. Earlier the prayer for bail of the petitioner was
twice rejected vide order dated 06.09.2023 and 04.10.2024
passed in Cr. Misc. Nos.58010 of 2023 and 61098 of 2024
respectively.
Patna High Court CR. MISC. No.81674 of 2025(3) dt.13-02-2026
2/3
4. Learned counsel appearing for the petitioner
submits that the petitioner is in custody since 13.01.2023 and
the trial has not been concluded as yet.
5. Vide order dated 22.12.2025, a report was called for
with regard to the present status of the trial. Report of the
learned Trial Court dated 06.01.2026 reveals that out of seven
prosecution witnesses, two prosecution witnesses have been
examined and the case is pending for examination of rest of five
prosecution witnesses.
6. Learned counsel for the petitioner referring the
report of the learned Trial Court and submits that there is no
chance of early conclusion of the trial in near future and the
petitioner is in custody since 13.01.2023 more than three years.
7. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
8. Considering the aforesaid facts, report of learned
Trial Court as well as period of custody, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
Rape & POCSO Act, West Champaran, Bettiah in connection
with Yogapatti P.S. Case No. 706 of 2022, which gave rise to
Patna High Court CR. MISC. No.81674 of 2025(3) dt.13-02-2026
3/3
CIS-POCSO-70/2023, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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