Mohan Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61347 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- BALTHAR District- West Champaran ====================================================== Mohan Kumar Sharma S/O Prabhu Das Resident of Village- Magi Colony, P.S- Maranga, District- Purniya( Bihar).

... ... Petitioner

Versus

1.

The State of Bihar 2.

Jahir Ahmad S/O Emam Hasan R/O Village- Lakhoura, P.S- Balthar, Dist.- West Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Advocate For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks regular bail in connection with Balthar P.S. Case No.44 of 2025 registered for the offence under sections 137(2), 140(3), 352, 351(3) and 3(5) of the B.N.S. and under section 4 of the POCSO Act. 3.

The petitioner and others were caught red handed trafficking two minor victims for prostitution. The statements of the victims also support the allegation. 4.

The petitioners are in custody since 14.04.2025.

5.

Considering the nature of allegation and also

Patna High Court CR. MISC. No.61347 of 2025(5) dt.30-03-2026 2/2 considering the judgment of the Hon'ble Supreme Court passed in the case of Pinki Vs. State of Uttar Pradesh reported as 2025 SCC OnLine 781, this Court is not inclined to grant bail to the petitioner. Accordingly, this application is rejected. 6.

The trial is directed to be concluded within six months from the date of receipt/communication of a copy of this order. If the trial is delayed by the prosecution, the petitioner shall be at liberty to renew his prayer for bail. 7.

It is clarified that this Court has not expressed any opinion on the merits of the case and the observations made by this Court is only for the purpose of deciding this bail application.

(Sandeep Kumar, J) pawan/- U T