Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, finding the evidence insufficient to justify continued detention.
Summary
Suraj Kumar, alleged owner of an orchestra from which three girls were rescued, sought regular bail for offences under multiple sections of the Bihar Narcotic Substances Act, the Juvenile Justice Act and the Bonded Labour System Act. The prosecution claimed he owned the orchestra and was responsible for the girls' detention, while the victim statements under Section 183 indicated a co‑villager, not the petitioner, had brought the girls for dancing and failed to return them. The petitioner’s counsel argued his innocence, lack of any recovered contraband, no criminal antecedent and that he was merely a passer‑by, having been in judicial custody since 9 April 2026. The State opposed bail. After hearing both sides, the High Court found insufficient grounds to continue detention and ordered the petitioner released on regular bail upon furnishing a Rs 10,000 bond with two sureties. The order was directed to the Exclusive Special Judge, POCSO, Saran.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges.
- Whether the victim statements under Section 183 of the Bihar Narcotic Substances Act establish sufficient prima facie evidence against the petitioner.
- Whether the petitioner’s lack of criminal antecedent and claim of non‑involvement warrant bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 111, 143(1), 145, 183, 296, 3(5), 79, 98
- Bonded Labour System Act — s. 16
- Juvenile Justice Act — s. 79
Subjects
- regular bail
- bail jurisdiction
- Bihar Narcotic Substances Act
- Juvenile Justice Act
- Bonded Labour System Act
- criminal procedure
- prima facie evidence
- victim statements
- orchestra trafficking
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41195 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- MAHILA P.S. District- Saran
======================================================
Suraj Kumar Son of Awadh Mahto Resident of Village- Shampur, P.S.-
Ishuapur, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shrinath Manjhi, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-06-2026 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,
143(1), 145, 98, 296 and 3(5) of BNS, Section 79 of Juvenile
Justice Act and Section 16 of Bonded Labour System Act.
3. The case of the prosecution is that the petitioner is
alleged to be the owner of an orchestra and from there, three girls
were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. From perusal of
the order of the learned trial court, it transpires that the learned trial
court has recorded the statement of the victims under Section 183
of BNSS wherein they have stated that one co-villager has brought
Patna High Court CR. MISC. No.41195 of 2026(2) dt.29-06-2026
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them for dancing and has assured them that she will take them back
after two days but she did not return. Learned counsel has
submitted that petitioner has not brought the girls which is apparent
from the statement of the victim girls. Learned counsel has further
submitted that actually, he is not concerned in any way with the
said orchestra rather he is merely a passer-by. A statement has been
made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, he is languishing in judicial
custody since 09.04.2026.
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
petitioner is directed to be released on bail in connection with
Mahila P.S. Case No. 40 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
POCSO, Saran at Chapra.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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