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Patna High Court

Anish kumar @ Anish Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, directing release upon furnishing a bail bond with sureties.

Summary

Anish Kumar Singh, a staff member of Suraj Sawariya Orchestra, was arrested in connection with a raid that recovered girls allegedly involved in illegal activities. He was charged under multiple provisions of the Bihar Narcotic Substances (BNS) Act, the J.J. Act, the POCSO Act, the Bounded Labour System Act, and the Immoral Traffic (Prevention) Act, 1956. The petitioner contended that he was not the proprietor of the orchestra, had no prior criminal record, and that a co‑accused in a similar case had previously been granted bail. The State opposed the bail application, citing the seriousness of the offences. After hearing both sides, the Court found the petitioner’s position stronger and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether a staff member of an orchestra charged with offences under the BNS, J.J., POCSO, Bounded Labour System and Immoral Traffic Acts is entitled to regular bail.
  • Whether the distinction between staff and proprietor affects bail eligibility.
  • Whether the grant of bail to a similarly situated co‑accused influences the present bail application.

Legislation cited

Subjects

  • bail
  • POCSO
  • immoral traffic
  • sexual exploitation
  • criminal procedure
  • orchestra staff
  • multiple offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2061 of 2026
                       Arising Out of PS. Case No.-87 Year-2025 Thana- MAHILA P.S. District- Saran
                 ======================================================
                 Anish kumar @ Anish Kumar Singh Son of Jitendra Kumar Resident Of
                 Village- Mubarakpur, Ps- Marahura, Dist- Saran   ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Mrs. Mahashweta Sinha, S.H.O. Mahila PS, Chapra Saran bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vishesh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and Md. Ataur

                   Rahman, learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 79, 111, 141,

                   143, 145, 98, 296, 3(5) of the BNS, under Section 79 of the J.J.

                   Act, under Sections 13 & 14 of the POCSO Act, under Section 16

                   of the Bounded Labour System Act and under Sections 3, 4, 5 and

                   6 of Immoral Traffic (Prevention) Act, 1956.

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

                   petitioner is staff of Suraj Sawariya Orchestra. It is further alleged

                   that on raid being made girls were recovered.

                                4. Learned counsel for the petitioner has submitted that

                   petitioner is not the proprietor of the orchestra rather he is only

                   staff of the orchestra. It has further been submitted that from

                   perusal of the order of the learned trial court, it is evident that the
            Patna High Court CR. MISC. No.2061 of 2026(2) dt.05-02-2026
                                                        2/2




                      learned trial court has recorded that the recovered girls have given

                      their statement under Section 183 of the BNSS wherein they have

                      stated that they were working in the orchestra, nothing else.

                      Learned counsel for the petitioner has further submitted that

                      similarly situated co-accused has been granted bail by this Court

                      vide Cr. Misc. No.85156 of 2025. The case of this petitioner stands

                      on better footing. Learned counsel for the petitioner has lastly

                      submitted that the petitioner is having no criminal antecedent and

                      he is in judicial custody since 16.10.2025.

                                   5. Learned Additional Public Prosecutor for the State

                      has vehemently opposed the 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 released on bail in connection with

                      Mahila P.S. Case No. 87 of 2025 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 Additional

                      Sessions Judge, (POCSO), Saran at Chapra.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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