Patna High Court
Md. Moharram @ Moharram @ Moharram KhalifaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's application for regular bail.
Summary
The petitioner, Md. Moharram Khalifa, was arrested on 4 April 2026 on charges of running a brothel under multiple provisions of the Bihar Negotiable Substances Act, the POCSO Act, the Immoral Traffic (Prevention) Act and the Bihar Prohibition & Excise Act. He claimed innocence, asserted a clean criminal record, and applied for regular bail. The State opposed the bail on the ground of the seriousness of the offences. The Patna High Court, after hearing both sides, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to verification of his antecedent and an affidavit that he and his family would not engage in such business. The order was made under Section 482(2) of the B.N.S.S. and expressly stated that the observations were prima facie and not to influence the trial. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether regular bail can be granted in a case involving alleged operation of a brothel and offences under the B.N.S., POCSO Act, ITPA and Bihar Prohibition & Excise Act.
- Whether the petitioner’s clean antecedent and period of custody justify the grant of bail.
- Whether the court may impose conditions such as verification of antecedent and an affidavit to prevent future involvement in the alleged business.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S. — s. 111, 115(2), 143, 3(5), 70(1), 98, 99
- Immoral Traffic (Prevention) Act, 1996 — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences Act (POCSO Act) — s. 17, 4
Subjects
- regular bail
- brothel
- immoral traffic
- POCSO
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41280 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- FORBESGANJ District- Araria
======================================================
Md. Moharram @ Moharram @ Moharram Khalifa S/o Late Iliyas Khalifa
Resident of Village - Rampur Uttar, Ward no. - 03, Police Station -
Forbesganj, District - Araria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Satendra Kumar Gupta S/o Arun Kumar Gupta P.S.I. cum Addl. S.H.O.
Forbesganj P.S., P.s. - Forbesganj, Dist. - Araria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Forbesganj P.S. Case No. 190 of 2026, registered for the offence
under Sections 111, 98, 99, 70(1), 115(2), 143 & 3(5) of the
B.N.S. read with Sections 4 & 17 of the POCSO Act, Sections
3, 4, 5 & 6 of the Immoral Traffic (Prevention) Act, 1996 and
Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, the petitioner has been
found to be running a brothel.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
Patna High Court CR. MISC. No.41280 of 2026(2) dt.24-06-2026
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petitioner is in custody since 04.04.2026 having clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Rs.
Ten Thousand Only) with two sureties of the like amount each
to the satisfaction of the learned Court below where the case is
pending/successor Court in connection with Forbesganj P.S.
Case No. 190 of 2026, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. with further conditions
that:-
(i) At the time of acceptance
of bail bonds, the court below shall
verify the antecedent of the petitioner.
The bail bonds shall be accepted only
upon confirmation that the petitioner
has no criminal antecedent. However,
such verification shall not be used as
a ground to unnecessarily delay
acceptance of the bail bonds.
(ii) While furnishing the bail
bond, the petitioner will file affidavit
Patna High Court CR. MISC. No.41280 of 2026(2) dt.24-06-2026
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that henceforth, he or his family
members including his wife will not
involve in such kind of business.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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