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Patna High Court

Md. Moharram @ Moharram @ Moharram KhalifaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                                      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/-

U      T


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