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Patna High Court

Arvind Kumar @ ChhotuversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                      2/2




                    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/-

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