Patna High Court
Raghuraj Tiwari @ Sanny BabaversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Raghuraj Tiwari, owner of the Mausami Orchestra, was arrested in connection with alleged offences under the Bihar Narcotic Substances Act, 2023, the POCSO Act and the Immoral Traffic Prevention Act, 1956, on the claim that two minor girls were found in his orchestra. The petitioner contended that the two girls, Alisha Sanna and Neha Parveen, are adults (aged 24 and 29) and have not supported the prosecution, as reflected in their statements recorded under Section 183 of the BNS Act and medical examinations confirming they are major. The petitioner argued that he was falsely implicated by an informant and would not abscond, seeking bail. The State opposed the bail application. Considering the lack of corroborative evidence, the victims' own statements and medical reports, the Court granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the charges under the BNS Act, POCSO Act and Immoral Traffic Prevention Act.
- Whether the statements of the alleged victims and medical evidence indicating they are adults negate the basis for continued detention.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 143(1), 145, 3(5), 98
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- POCSO
- Immoral Traffic Prevention Act
- minor
- false implication
- victim statements
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56513 of 2025
Arising Out of PS. Case No.-36 Year-2025 Thana- MAHILA P.S. District- Saran
======================================================
Raghuraj Tiwari @ Sanny Baba S/O Brij Nath Tiwari R/O Vill.- Kateya, P.S.-
Janta Bazar, Dist.- Saran.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Mahashweta Singh, Inpector-cum-SHO of Mahila P.S., Saran Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyendra Narayan Singh, Adv.
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 06-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 143(1), 145, 98, 3(5) of the
BNS, 2023, Sections 8, 12 of POCSO Act and Sections 3, 4, 5, 6
of the Immoral Traffic Prevention Act, 1956.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and is owner of Mausami
Orchestra and in sum and substance the allegation against the
petitioner is that from his orchestra two minor girls were
recovered.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.56513 of 2025(4) dt.06-02-2026
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informant. It is next submitted that petitioner is in custody since
13.06.2025 and charge sheet has been submitted. It is further
submitted that the statement of the victims recorded under
Section 183 BNSS is attached with the case diary. It is further
submitted that Alisha Sanna and Neha Parveen from the
orchestra of the petitioner with an allegation that they were
minor girl but then the statement of Neha Parveen recorded
under Section 183 BNSS wherein she has disclosed her age as
29 years and she has not supported the case of the prosecution.
Further, statement of Alisha was also recorded under Section
183 BNSS, wherein she has disclosed her age as 24 years and
has not supported the case of the prosecution. It is also
submitted that petitioner will not abscond rather will cooperate
in the trial to prove his innocence. It is also submitted that
medical of the aforesaid two victims was also carried out and in
the medical examination also they were found to be major.
5. Learned A.P.P. opposes the prayer for bail of the
petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.56513 of 2025(4) dt.06-02-2026
3/3
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Mahila
P.S. Case No.36 of 2025.
(Satyavrat Verma, J)
amit/-
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