Patna High Court
Vishwakarma PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the petitioner’s clean antecedent, the filing of the charge‑sheet, and the precedent of bail to a co‑accused, regular bail could be granted despite the seriousness of the offences.
Summary
The petitioner, Vishwakarma Pandit, applied for regular bail in a case involving alleged offences under the Bharatiya Nyaya Sanhita, POCSO Act, Juvenile Justice Act, Immoral Traffic Act and the Bonded Labour System (Abolition) Act, arising from a raid that uncovered minor girls being forced into immoral acts and trafficking. He contended that he is innocent, has a clean antecedent, has been in custody since 18‑08‑2025 and that a charge‑sheet has already been filed. The State opposed the bail, arguing the seriousness of the charges. The court noted the petitioner’s clean record, the filing of the charge‑sheet, the period of custody and the fact that a co‑accused had been granted bail in a similar case. Balancing these factors, the court concluded that bail was appropriate despite the grave nature of the allegations. Consequently, the petitioner was ordered to be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted in a case involving offences under the Bharatiya Nyaya Sanhita, POCSO Act, Juvenile Justice Act, Immoral Traffic Act and Bonded Labour System (Abolition) Act.
- Whether the petitioner’s clean antecedent and the filing of a charge‑sheet justify the grant of bail.
- Whether the State’s opposition is sufficient to deny bail in such serious offences.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 143(1), 145, 98
- Juvenile Justice Act — s. 75, 79
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- sexual offences
- child protection
- human trafficking
- immoral traffic
- bonded labour
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74482 of 2025
Arising Out of PS. Case No.-404 Year-2024 Thana- PARSA District- Saran
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Vishwakarma Pandit S/o Late Mishri Pandit R/O Vill.- Pachlakha Deeha, P.S.-
Parsa, Dist.- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunil Kumar, S.H.O. Parsa P.S. Dist.- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chetna, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 11-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Parsa P. S. Case No. 404 of 2024 registered for the offences
punishable under Sections 143(1), 145, 98 of the Bharatiya
Nyaya Sanhita, Section 8 of the Protection of Children from
Sexual Offences Act, Sections 75, 79 of the Juvenile Justice Act,
Sections 3, 4, 5, 6 of the Immoral Traffic Act and Section 16,
17, 18 of the Bonded Labour System (Abolition ) Act.
3. As per F.I.R., a raid was conducted in different
musical orchestras where minor girls were found locked in a
room who were forced to engage in immoral acts and human
trafficking.
Patna High Court CR. MISC. No.74482 of 2025(5) dt.11-03-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has falsely been implicated in this case on suspicion. Similarly
situated co-accused, namely, Shiv Dayal Ram has already been
granted regular bail by co-ordinate Bench of this Court vide
order dated 13.05.2025 passed in Cr. Misc. No. 12944 of 2025.
Petitioner claims clean antecedent and is in custody since
18.08.2025. Charge-sheet has already been submitted.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent, period of custody and the fact that charge-sheet has
been submitted, this bail application is allowed. The petitioner,
above named, is directed to 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 Exclusive
Special Additional Sessions Judge (POCSO), Saran at Chapra in
connection with Parsa P. S. Case No. 404 of 2024.
(Prabhat Kumar Singh, J)
Navya/-
U T
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