Patna High Court

Khabir AlamversusThe State of Bihar

Decided: 23 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing the furnishing of a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Khabir Alam, a rickshaw puller, applied for bail in a case registered under Sections 64 and 62 of the Bihar Narcotic Substances Act, Sections 3, 4 and 5 of the Immoral Traffic Prevention Act and Sections 8 and 12 of the POCSO Act. The prosecution alleged that he was found in a hotel room with a 35‑year‑old woman during a raid, suggesting involvement in a prostitution racket. The petitioner contended that he was falsely implicated, had no criminal record, and that the seizure was conducted by an officer below the rank authorized under the Immoral Traffic Act. The State opposed bail. After hearing both sides, the Court found the petitioner's claim of innocence credible and noted the procedural irregularity, and therefore ordered that bail be granted on a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the offences under the B.N.S., Immoral Traffic Prevention Act and POCSO Act.
Whether the alleged procedural lapse—seizure by an officer below the rank prescribed under the Immoral Traffic Prevention Act—affects the grant of bail.

Legislation cited

Bihar Narcotic Substances Act — s. 62, 64
Immoral Traffic (Prevention) Act — s. 3, 4, 5
Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8

Subjects

bail
criminal procedure
Immoral Traffic Prevention Act
POCSO Act
procedural irregularity
seizure authority
serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17814 of 2026
                 Arising Out of PS. Case No.-2 Year-2026 Thana- GHORASAHAN District- East Champaran
                 ======================================================
                 Khabir Alam, Son of Kaimuddin Mian @ Kaiyamudin Miyan, Resident of
                 village - Bakuliya, P.S.- Ghorasahan, District- East Champaran
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Ghorasahan P.S. Case No.02 of 2026 registered for the offence

                   punishable under Sections 64 and 62 of B.N.S., Sections 3, 4 and 5

                   of Immoral Traffic Prevention Act and Sections 8 and 12 of

                   POCSO Act.

                                3. The case of the prosecution, in short, is that the

                   informant raided Royal Lovely Family Resort and Gift General

                   Store at Ghorasahan on information along with other police

                   personnel. It is alleged that the petitioner was found with a lady

                   aged about 35 years in a room. On being asked, it was disclosed

                   that the owner of the hotel Subodh Pandit has called the ladies on

                   the promise that they will be paid if they will establish physical

                   relationship with the customers.
             Patna High Court CR. MISC. No.17814 of 2026(2) dt.23-03-2026
                                                         2/2




                                    4. Learned counsel appearing on behalf of the petitioner

                       has submitted that petitioner is innocent and has committed no

                       offence. He has been falsely implicated in this case. The petitioner

                       is a rickshaw puller who was being called by the lady and he was

                       not apprehended in the room. He is having no criminal antecedent

                       and he is languishing in judicial custody since 07.01.2026. It has

                       further been submitted that in Immoral Traffic Act, no officer

                       below the rank of Inspector can make seizure and the I.O. is

                       S.H.O. who is of the rank of S.I.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail bond

                       of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                       like amount each to the satisfaction of the learned 6 th Additional

                       Sessions Judge-cum-Special Judge, POCSO, Motihari at East

                       Champaran in connection with Ghorasahan P.S. Case No. 02 of

                       2026.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T

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