Patna High Court
Chandan Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Chandan Kumar Tiwari, operator of Muskan Orchestra, was arrested following a raid that recovered several girls and was charged under multiple statutes including the B.N.S., POCSO Act, Juvenile Justice Act, Immoral Traffic Act and the Bounded Labour System (Abolition) Act. The petitioner contended that he had done nothing illegal, arguing that the only allegation was that the girls were made to dance in revealing attire and that the six recovered girls merely stated they worked in an orchestra under Section 183 of the B.N.S.S. He had no prior criminal record and had been in custody since 15‑08‑2025, while a co‑accused had previously been granted bail. The State opposed bail. After hearing both sides, the Court found the allegations to be general and not sufficient to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S., POCSO, Juvenile Justice, Immoral Traffic and Bounded Labour System (Abolition) Acts.
- Whether the statements of the recovered girls under Section 183 of the B.N.S.S. constitute sufficient ground to refuse bail.
Legislation cited
- B.N.S. — s. 111, 141, 143, 145, 296, 3(5), 79, 98
- B.N.S.S. — s. 183
- Juvenile Justice Act — s. 79
- POCSO Act — s. 13, 14
Subjects
- bail
- POCSO
- juvenile justice
- immoral traffic
- forced dancing
- orchestra
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2995 of 2026
Arising Out of PS. Case No.-74 Year-2025 Thana- MAHILA P.S. District- Saran
======================================================
Chandan Kumar Tiwari S/o Gautam Tiwari R/o Village - Ganawali, P.S -
Masrakh, District - Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mahashweta Sinha, Inspector- cum- S.H.O Mahila, P.S - Saran at Chapra
Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Mahila P.S. Case No.74 of 2025 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 Jevenile Justice Act, Sections 3, 4, 5 and 6 of Immoral Traffic
Act and Section 16 of the Bounded Labour System (Abolition)
Act.
3. The case of the prosecution, in short, is that a raid
was made at the residence of certain orchestra owners and from
their possession, girls were recovered.
Patna High Court CR. MISC. No.2995 of 2026(2) dt.06-02-2026
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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. He is the operator of Muskan Orchestra. Only allegation
against the petitioner and others is that they forced the girls to
dance wearing small clothes. From perusal of the order of the
learned trial Court, it is clear that six recovered girls have given
their statement under Section 183 of the B.N.S.S. wherein they
have stated that they were working in an orchestra. Nothing
else has been stated by them. Learned counsel for the petitioner
has stated that the nature of allegation is general and omnibus.
Petitioner is having no criminal antecedent and he is languishing
in judicial custody since 15.08.2025. Learned counsel has
further submitted that similarly situated other co-accused person
has already been granted bail by this court vide Cr. Misc. No.
76339 of 2025.
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
Patna High Court CR. MISC. No.2995 of 2026(2) dt.06-02-2026
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bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Additional Sessions Judge (POCSO), Saran at
Chapra in connection with Mahila P.S. Case No. 74 of 2025.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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