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Patna High Court

Akhilesh NatversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail and ordered his release on bail.

Summary

The petitioner, Akhilesh Nat, was arrested during a police raid on his house and charged under Sections 143(1), 143(5), 144(1), 144(2), 64(1), 111 and 61(2) of the B.N.S., 2023 for alleged offences related to prostitution. The prosecution alleged that two boys fled the scene, one of whom was identified as the petitioner, and that two girls were recovered from the premises. The petitioner contended that he is innocent, that the victims' statements recorded under Section 183 of the B.N.S. do not support the prosecution's case, and that co‑accused in similar matters had been granted bail. He also highlighted his three prior criminal antecedents and his custody since 12‑01‑2026. The State opposed the bail application, but the court, after hearing both sides, found the circumstances sufficient to grant bail. Consequently, the court ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences charged under the B.N.S., 2023.

Legislation cited

  • B.N.S., 2023 — s. 111, 143(1), 143(5), 144(1), 144(2), 183, 61(2), 64(1)

Subjects

  • bail
  • criminal procedure
  • B.N.S. 2023
  • Section 183
  • prosecution
  • innocence
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5388 of 2026
                  Arising Out of PS. Case No.-303 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
                 ======================================================
                 Akhilesh Nat S/o Late Nanda Nat R/o Village - Bishrampur Tola, P.S -
                 Sasaram (M), District - Rohtas

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Diwakar Kumar S/o Manoj Kumar R/o Village - Kodiyarahi, P.S -
                 Bihariganj, District - Madhepura At present posted as Police Sub-Inspector,
                 Sasaram (M) Police Station, District - Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajani Kant Singh, Advocate
                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sasaram (M) P.S. Case No. 303 of 2025 registered for the

                   offence punishable under Sections 143(1), 143(5), 144(1),

                   144(2), 64(1), 111, 61(2) of the B.N.S., 2023.

                                3. The case of the prosecution in short is that when the

                   house of Akhilesh Nat (petitioner) was surrounded and a raid

                   was made, two boys started fleeing away. One was apprehended

                   and he was identified as the petitioner and from that house two

                   girls were recovered.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.5388 of 2026(2) dt.05-02-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner has submitted that from

          perusal of the order of the learned trial court, it will transpire

          that the victims have given their statement recorded under

          Section 183 of the BNSS and they have not supported the case

          of prosecution regarding prostitution. It has further been

          submitted that co-accused namely, Raju Nat, Veena Kumari,

          Karina Kumari, Komal Natraj, Kajal Kumari and others have

          been granted bail by the learned coordinate bench of this court

          as well as from this court passed in Cr. Misc. Nos. 83639 of

          2025, 76390 of 2025 and 77895 of 2025 respectively. The case

          of this petitioner stands on similar footing. He further submits

          that a statement has been made in para 3 of the petition that

          petitioner has got three criminal antecedents and he is

          languishing in judicial custody since 12.01.2026.

                       5. The application for bail is opposed by learned APP

          for the State.

                       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 enlarged on bail on furnishing bail
           Patna High Court CR. MISC. No.5388 of 2026(2) dt.05-02-2026
                                                       3/3




                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Additional Sessions Judge-VI-cum-Special Judge (POCSO),

                     Rohtas at Sasaram in connection with Sasaram (M) P.S. Case

                     No. 303 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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