Patna High Court

Deep KumarversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court held that, on a prima facie basis, no incriminating material exists against the petitioner and therefore bail was granted.

Summary

Deep Kumar was arrested on 2 January 2026 in connection with a Mahila Police Station case alleging his involvement in immoral trafficking and the rescue of eleven minor victims from a red‑light area. He sought bail, contending that his alleged participation was based solely on suspicion, that no victim statements were recorded under Section 183 of the Bharatiya Nyaya Sanhita, and that there was no evidence of atrocities under the SC/ST (Prevention of Atrocities) Act. The State opposed the bail application. The court examined the material on record and found no prima facie incriminating evidence against the petitioner. Consequently, the court allowed the bail application, directing the petitioner to be released on a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the charges under multiple statutes
Whether there exists prima facie evidence linking the petitioner to the alleged immoral trafficking and related offences
Whether the allegations fall within the ambit of the SC/ST (Prevention of Atrocities) Act

Legislation cited

Bharatiya Nyaya Sanhita — s. 127(6), 140(4), 143(e), 145, 3, 351(2), 352, 5, 61, 64
Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
Protection of Children from Sexual Offences Act — s. 4, 6
SC/ST (Prevention of Atrocities) Act — s. 3(2)(v), 3(ii), 3(i)(r)(s)(w)(i)

Subjects

bail
immoral trafficking
minor victims
POCSO Act
ITP Act
SC/ST Act
prima facie evidence
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21983 of 2026
                       Arising Out of PS. Case No.-7 Year-2025 Thana- MAHILA P.S. District- Purnia
                 ======================================================
                 Deep Kumar S/O Akbar Khalifa R/O Mohalla- Khoskibag, Abdulla Nagar,
                 P.S. Purnea Sadar, Distt.- Purnea.
                                                                      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pushpendra Kumar Singh
                 For the Opposite Party/s :        Mr.Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner seeks bail in connection with Mahila

                   P.S. Case No. 07 of 2025 registered for the offences under

                   Sections 127(6), 140(4), 143(e), 145, 64, 61, 352, 351(2) and

                   3/5 of the Bharatiya Nyaya Sanhita, Sections 3, 4, 5 and 6 of the

                   ITP Act 1956, Sections 4 and 6 of the POCSO Act and Sections

                   3(i)(r)(s)(w)(i), (ii) and 3(2)(v) of the SC & ST (POA) Act.

                                3. The petitioner is in custody since 02.01.2026.

                                4. The allegation against the petitioner and others is

                   that they are involved in immoral trafficking and when a raid

                   was conducted in red light area of Khuskibagh Purnea, 11 minor

                   victims were recovered/rescued.

                                5. Learned counsel appearing on behalf of the

                   petitioner has submitted that implication of petitioner with the

                   present case is merely on the basis of suspicion as petitioner is
          Patna High Court CR. MISC. No.21983 of 2026(2) dt.08-04-2026
                                                      2/2




                    resident of nearby locality and was completely unaware about

                    the activities, which were running over there. He further submits

                    that none of the victim made their statement under Section 183

                    of the BNSS, suggesting any incrimination against petitioner,

                    which may suggest involvement of petitioner with the present

                    crime in question. It is submitted that there is nothing on record

                    or surfaced during the course of investigation, which may

                    suggest that alleged activities are out of atrocities as defined

                    within the meaning of SC/ST Act, 1989.

                                 6. Learned APP appearing on behalf of the State has

                    opposed the application of the petitioner.

                                 7. In view of the aforesaid factual submissions, prima-

                    facie, nothing incriminating appears against petitioner and

                    therefore, this application is allowed.

                                 8. Let the petitioner, above named petitioner, is

                    directed to be released on bail in connection with Mahila P.S.

                    Case No. 07 of 2025 on furnishing bail bond of Rs.10,000/-

                    (Rupees Ten Thousand) with two sureties of the like amount

                    each to the satisfaction of learned concerned Court below.


                                                        (Sandeep Kumar, J)
Vikas/-
U

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