Patna High Court
Arvind Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail cannot be granted given the gravity of the offences alleged against the petitioner.
Summary
Arvind Kumar sought anticipatory bail fearing arrest in a case alleging he ran a brothel where minor girls were found. The prosecution charged him under multiple provisions of the Bihar Narcotic Substances Act, the POCSO Act, the Juvenile Justice Act and the Immoral Trafficking Act. The petitioner claimed innocence and that the recovered minors had not implicated him. The court examined the seriousness of the offences, especially those involving children, and concluded that the gravity outweighed any claim for anticipatory relief. Consequently, the anticipatory bail application was dismissed and the petitioner was ordered to surrender and apply for regular bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the BNS, POCSO, JJ and Immoral Trafficking Acts.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 61(2), 65(1), 96, 98
- Immoral Trafficking Act — s. 2(a), 2(b), 3(2)(a), 3(2)(b), 4(1), 6, 7, 8
- Juvenile Justice (JJ) Act — s. 75
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- anticipatory bail
- brothel
- child sexual abuse
- POCSO
- Juvenile Justice
- Immoral Trafficking
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32809 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- SAHARSA SADAR District- Saharsa
======================================================
Arvind Kumar @ Chhotu Son of Munna Khalifa Resident of Bhartiya Nagar,
Ward No.35, P.S.- Sadar Saharsa, Dist- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Abhilasha Pathak, Block Development officer, Kahra, Dist- Saharsa Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 08-07-2026 Heard the parties.
2. The petitioner apprehends his arrest arrest in
connection with Saharsa Sadar P.S. Case No. 28 of 2026
registered for the offence under Sections 96, 98, 65(1), 61(2),
3(5) of the BNS, under Sections 4, 6 of the POCSO Act and
under Sections 75 of the JJ Act and further Sections 3(2)(a), 3(2)
(b), 4(1), 2(a)(b), 6, 7 and 8 of the Immoral Trafficking Act.
3. As per the prosecution case, the petitioner is
accused of running a brothel and the recovery is of many
incriminating articles including condoms etc. It is also alleged
that minor girls were also recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.32809 of 2026(3) dt.08-07-2026
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case. He also submits that the recovered minor girls have not
alleged anything against the petitioner.
5. Considering the gravity of the offence, this Court is
not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this application is dismissed.
7. The petitioner is directed to surrender and pray for
regular bail.
(Sandeep Kumar, J)
Vikas/-
U
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