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Patna High Court

Prem Kumar @ Prem Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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