Patna High Court
Sona KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail subject to specified conditions.
Summary
Sona Kumar, the manager of Ganpati Hotel, was arrested on 21 April 2026 in connection with a case alleging prostitution activities at the hotel, charged under Sections 61(2), 143(2), 144(2) of the Bharatiya Nyay Sanhita, 2023 and Sections 3 to 7 of the Immoral Traffic Prevention Act, 1956. The petitioner pleaded that he has a clean antecedent and was implicated merely because of his managerial position, asserting no involvement in the alleged offences. The State opposed bail, arguing the seriousness of the charges. The Court examined the petitioner's clean record, the lack of direct participation, and the principle of bail, and consequently ordered his release on bail of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail bond is to be verified by the lower court, and any concealment of antecedent or breach of conditions may lead to cancellation.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the Bharatiya Nyay Sanhita and the Immoral Traffic Prevention Act.
- Whether the petitioner’s role as hotel manager constitutes sufficient ground for denial of bail.
- Whether the petitioner poses a risk of tampering with evidence or witnesses.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 143(2), 144(2), 61(2)
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6, 7
Subjects
- bail
- prostitution
- manager
- clean antecedent
- Bharatiya Nyay Sanhita
- Immoral Traffic Prevention Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42664 of 2026
Arising Out of PS. Case No.-189 Year-2026 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Sona Kumar S/o Late Sanjeet Kumar Sinha @ Sanjeev Kumar Resident of
Village- Baghi, Ward No. 25, P.S.- Muffasil, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
: Mr. Purushottam Kumar, Advocate
: Mr. Mudit Meet, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioner as well as Mr. Pramod Kumar Pandey, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.04.2026 in connection with Town P.S. Case No.189 of 2026,
F.I.R. dated 19.04.2026 for the offences punishable under
Sections 61(2), 143(2), 144(2)of the Bharatiya Nyay Sanhita,
2023 and Sections 3, 4, 5, 6,7 of Immoral Traffic Prevention
Act, 1956.
3. According to the prosecution case, it is alleged that
prostitution was being carried on at Ganpati Hotel, located near
Subhash Chowk, and that the petitioner was serving as the
manager of the said hotel.
Patna High Court CR. MISC. No.42664 of 2026(2) dt.06-07-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case merely on the ground that
petitioner is the manager of the hotel in question but the
petitioner has no role at all in the present occurrence. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
21.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and he has been implicated in the
present case merely on the ground that petitioner is the manager
of the hotel in question, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Begusarai
in connection with Town P.S. Case No.189 of 2026, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.42664 of 2026(2) dt.06-07-2026
3/3
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
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