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Patna High Court

Mohammad Bittu Hasmi @ Bittu HasmiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                       3/3




                     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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