Patna High Court
Mohammad Bittu Hasmi @ Bittu HasmiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding no compelling reason to keep him in custody.
Summary
The petitioner, Mohammad Bittu Hasmi, was arrested following a police raid on an orchestra where several girls were rescued and alleged to be victims of trafficking. He is charged under multiple provisions of the Bihar Narcotic Substances Act, the POCSO Act, the Juvenile Justice Act, the Income Tax Act and the Bonded Labour System (Abolition) Act. The petitioner contended that he was merely a musical instrument player, that no specific allegation was made against him, and that the rescued girls’ statements under section 183 of the B.N.S. indicated they were working in the orchestra voluntarily. He also pointed out that co‑accused in the same case had already been granted bail by the same court. After hearing both sides, the court found that the petitioner’s continued detention was not justified and ordered his release on regular bail upon furnishing a bail bond with two sureties. The order also directed compliance with the conditions set by the Special Additional Sessions Judge, POCSO, Saran.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges under the B.N.S., POCSO, JJ, I.T. and Bonded Labour Acts.
- Whether the statements of the rescued girls under section 183 of the B.N.S. negate the necessity of continued custody.
- Whether the grant of bail to co‑accused in the same case influences the petitioner’s bail application.
Legislation cited
- B.N.S. — s. 111, 141, 143, 145, 296, 3(5), 79, 98
- Bonded Labour System (Abolition) Act, 1976 — s. 16
- Income Tax Act — s. 3, 4, 5, 6
- Juvenile Justice (JJ) Act — s. 79
- POCSO Act — s. 13, 14
Subjects
- regular bail
- criminal procedure
- POCSO
- child trafficking
- orchestra
- bonded labour
- multiple offences
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23701 of 2026
Arising Out of PS. Case No.-74 Year-2025 Thana- MAHILA P.S. District- Saran
======================================================
Mohammad Bittu Hasmi @ Bittu Hasmi S/O Md. Minsarif Hasmi @ Md.
Min Sarif Hasmi R/O Village- Murwan (Khash), P.O- Gamharia, P.S-
Ishuapur, Dist- Saran at Chapra- 841421.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mahasweta Sinha Police Inspector-cum-SHO, Saran Mahila P.S., Chapra-
841301.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and 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 and 3(5) of B.N.S., Sections 13 and 14 of
POCSO Act, Section 79 of J.J. Act and Sections 3, 4, 5, 6 of I.T.
Act and Section 16 of Bonded Labour System (Abolition) Act,
1976.
3. The case of the prosecution is that a raid was made
at the residence of certain orchestra owners and from their
possession, girls were recovered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.23701 of 2026(2) dt.24-04-2026
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petitioner is innocent and has committed no offence. It has
further been submitted that during course of investigation, the
girls were recovered from the orchestra and from perusal of the
order of the learned trial court, it is clear that the six girls who
were recovered, have given their statement recorded under
section 183 of the B.N.S.S. wherein they have stated that they
were working in the orchestra and nothing else has been stated
by them. Learned counsel for the petitioner has submitted that
the petitioner is only a musical instrument player and no any
specific allegation has been levelled against him. It has also
been submitted that similarly situated other co-accused persons
have already been granted bail by this Court and from learned
co-ordinate Bench of this Court vide Cr. Misc. Nos. 76339 of
2025, 72332 of 2025 and 72942 of 2025. The case of this
petitioner stands on better footing from those co-accused
persons. Moreover, the petitioner is languishing in judicial
custody since 15.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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
Patna High Court CR. MISC. No.23701 of 2026(2) dt.24-04-2026
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petitioner is directed to be released on bail in connection with
Saran Mahila P.S. Case No. 74 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 Special Additional
Sessions Judge, POCSO, Saran at Chapra.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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