Patna High Court
Anish kumar @ Anish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNS — s. 111, 141, 143, 145, 296, 3(5), 79, 98
- BNSS — s. 183
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
- POCSO Act — s. 13, 14
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
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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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