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Patna High Court

Mukesh RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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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