Patna High Court
Prem Kumar @ Prem Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Prem Kumar was arrested in connection with a case involving alleged exploitation of minor girls at a dance venue, charged under several provisions of the Bhartiya Nyaya Sanhita, the Child Labour (Prevention and Regulation) Act and the Juvenile Justice Act. The petitioner contended that he was implicated solely on suspicion with no direct evidence and had been in custody since 21‑11‑2025. He pointed out that similarly situated co‑accused had already been granted bail by the same court. The State opposed the bail application. Considering the length of custody and the precedent of bail to co‑accused, the court allowed the bail with a bond of Rs.10,000 and two sureties, imposing conditions of regular court appearance and monthly police station attendance. The court expressly clarified that it made no finding on the merits of the underlying criminal allegations.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges under the Bhartiya Nyaya Sanhita, Child Labour Act and Juvenile Justice Act.
- Whether the grant of bail to co‑accused in similar circumstances warrants the same relief to the petitioner.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 127(2), 143, 318(4), 336(3), 338, 3(5), 61(2)
- Juvenile Justice Act, 2015 — s. 79
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Child Labour Act
- Juvenile Justice Act
- minor exploitation
- police raid
- co‑accused bail
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10520 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- MAHILA P.S. District- Siwan
======================================================
Prem Kumar @ Prem Kumar Sah S/O Bhagwan Sah Resident of Saraiya
Shrikant, P.S.- Basantpur, Dist.- Siwan
... ... Petitioner
Versus
1. The State of Bihar
2. Smita Kumari, Additional Station House Officer, Mahila P.S. Siwan
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Subhash Kumar, Advocate
For the State : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 30-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Mahila P.S. Case No.78 of 2025 dated 21.11.2025 instituted for
the offence punishable under Sections 127(2), 318(4), 143, 338,
336(3), 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and
Section 14(1) of the Child Labour (Prevention and Regulation)
Act, 1986 and Section 79 of the Juvenile Justice Act, 2015.
3. The prosecution case, in short, is that on the
alleged date of occurrence, the informant along with other
police personnel conducted a raid at Sitara Orchestra, Madarpur
and recovered two minor girls, who disclosed that the accused
persons used to compel and torture them to dance on indecent
songs.
Patna High Court CR. MISC. No.10520 of 2026(3) dt.30-03-2026
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4. Learned counsel for the petitioner submits
that the petitioner is innocent and he has been implicated in this
case only on the basis of suspicion without any direct evidence.
He further submits that the petitioner is in custody since
21.11.2025 without any fault and similarly situated co-accused
Mannu Kumar @ Manu Kumar @ Abhimannu Kumar has been
granted bail by a co-ordinate Bench of this Court vide order
dated 23.02.2026 passed in Criminal Miscellaneous No.2945 of
2026 and co-accused Abhishek Singh has been granted bail by
this Court vide order dated 25.03.2026 passed in Criminal
Miscellaneous No.5755 of 2026.
5. Learned APP for the State has vehemently
opposed the prayer of the petitioner for grant of bail.
6. Considering the period of custody of the
petitioner and also the fact that similarly situated co-accused
persons have been granted bail, this bail application is allowed.
7. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Sub-Divisional Judicial Magistrate, Siwan / concerned
Court below, in connection with Mahila P.S. Case No.78 of
2025, subject to the following conditions:-
Patna High Court CR. MISC. No.10520 of 2026(3) dt.30-03-2026
3/3
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed
by the Court and on his absence on two consecutive
dates without sufficient reason, his bail bond shall
be cancelled by the Court below.
ii. Both the bailors will be the close relatives of the
petitioner.
iii. The petitioner within two weeks after his release
from custody shall mark his attendance at
Basantpur Police Station, Siwan on first Sunday of
every month. Any default in appearance at the
police station will result in cancellation of bail
bonds of the petitioner.
8. 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
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