Patna High Court
SHAHIN PRAVEENversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed subject to specified conditions.
Summary
Shahin Praveen was arrested in connection with Forbesganj P.S. Case No. 190 of 2026 for alleged offences under the Bharatiya Nyaya Sanhita, the POCSO Act, the Immoral Traffic (Prevention) Act and the Bihar Prohibition and Excise Act, including running a brothel. The petitioner applied for regular bail, claiming innocence and a clean antecedent, while the State opposed the bail. The High Court examined the nature of the charges, the petitioner’s custody since 04‑04‑2026, and the need to verify antecedent. The Court allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties, subject to verification of clean antecedent and several conduct conditions. The order is limited to bail considerations and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail can be granted in a case involving offences under the Bharatiya Nyaya Sanhita, POCSO Act, Immoral Traffic (Prevention) Act and Bihar Prohibition and Excise Act
- Whether the petitioner’s antecedent record warrants bail
- Whether the conditions imposed are sufficient to safeguard the trial process
Legislation cited
- Bharatiya Nyaya Sanhita — s. 111, 115(2), 143, 3(5), 70(1), 98, 99
- Bihar Prohibition and Excise Act — s. 30(a)
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences Act — s. 17, 4
Subjects
- regular bail
- bail conditions
- brothel
- Immoral Traffic (Prevention) Act
- POCSO Act
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43904 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- FORBESGANJ District- Araria
======================================================
Shahin Praveen W/O Md. Islam @ Md. Islam Khalifa R/O Vill - Rampur
Uttar, Ward No.- 03, Refaral Hospital Road, P.S - Forbesganj, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Forbesganj P.S. Case No. 190 of 2026, registered for offences
punishable under Sections 111, 98, 99, 70(1), 115(2), 143 and
3(5) of the Bharatiya Nyaya Sanhita; Sections 4 and 17 of the
POCSO Act; Sections 3, 4, 5 and 6 of the Immoral Traffic
(Prevention) Act; and Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, the petitioner has been
found to be involved in running a brothel.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 04.04.2026 and claims clean
Patna High Court CR. MISC. No.43904 of 2026(2) dt.08-07-2026
2/3
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case and the materials available on record, 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/- (Ten
Thousand) 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 conditions that:-
(i). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
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.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii) At the time of furnishing the
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bail bonds, the petitioner shall file an
undertaking stating that henceforth neither
she nor any of her family members shall be
involved in such kind of business.
(iv). The petitioner shall not
indulge in any criminal activity or commit
any offence during the period of bail. The
petitioner shall maintain good conduct and
shall not involve himself in any offence in
the future. In the event of violation of this
condition, the prosecution shall be at liberty
to seek appropriate relief including
cancellation of bail, in accordance with law.
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)
Shishir/-
U T
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