Patna High Court
Avanish Kumar Singh @ Avnish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs 10,000 with two sureties.
Summary
Avanish Kumar Singh was arrested in connection with a case registered under Sections 64 and 62 of the B.N.S., Sections 3, 4 and 5 of the Immoral Traffic Prevention Act and Sections 8 and 12 of the POCSO Act after police alleged he was found with a 19‑year‑old woman in a hotel where the owner purportedly facilitated sexual relations with customers. The petitioner contended that he is innocent, the woman is a major who made no statement against him, he has no prior criminal record and has been in judicial custody since 7 January 2026. He also argued that the seizure of the woman was illegal because it was carried out by an officer of the rank of Sub‑Inspector, whereas the law requires an officer of at least Inspector rank. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioner's arguments and ordered that he be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The order was pronounced by Justice Ashok Kumar Pandey of the Patna High Court.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the B.N.S., Immoral Traffic Prevention Act and POCSO Act.
- Whether the alleged procedural irregularity in the seizure (officer below Inspector rank) warrants bail.
Legislation cited
- B.N.S. — s. 62, 64
- Immoral Traffic (Prevention) Act — s. 3, 4, 5
- POCSO Act — s. 12, 8
Subjects
- bail
- criminal procedure
- Immoral Traffic Prevention Act
- POCSO Act
- procedural irregularity
- police rank
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26332 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- GHORASAHAN District- East Champaran
======================================================
Avanish Kumar Singh @ Avnish Kumar Singh Son of Shyam Kumar Singh
Resident of Village - Sonakhan, P.S. - Suppi, District – Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Prasad, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ghorasahan P.S. Case No.02 of 2026 registered for the
offence punishable under Sections 64 and 62 of B.N.S.,
Sections 3, 4 and 5 of Immoral Traffic Prevention Act and
Sections 8 and 12 of POCSO Act.
3. The case of the prosecution, in short, is that the
informant raided Royal Lovely Family Resort and Gift General
Store at Ghorasahan on information along with other police
personnel. It is alleged that the petitioner was found with a
lady aged about 19 years in a room. On being asked, it was
Patna High Court CR. MISC. No.26332 of 2026(2) dt.08-05-2026
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disclosed that the owner of the hotel Subodh Pandit has called
the ladies on the promise that they will be paid if they will
establish physical relationship with the customers.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that the
lady with whom the petitioner was in the hotel is major and
she has not stated anything against him. He is having no
criminal antecedent and he is languishing in judicial custody
since 07.01.2026. It has further been submitted that in Immoral
Traffic Act, no officer below the rank of Inspector can make
seizure and the I.O. is S.H.O. who is of the rank of S.I.
5. Learned APP appearing for the State has
vehemently opposed the application for 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned 6th
District Additional Sessions Judge-cum-Exclusive Special
Patna High Court CR. MISC. No.26332 of 2026(2) dt.08-05-2026
3/3
Judge, POCSO Act, Motihari at East Champaran in connection
with Ghorasahan P.S. Case No. 02 of 2026.
(Ashok Kumar Pandey, J)
lata/-
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