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Patna High Court

Md. Shambhu Alam @ Sambhu AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the lack of incriminating victim testimony and the prolonged custody rendered continued detention unjustified, and therefore granted bail.

Summary

The petitioner, Md Shambhu Alam, was arrested during a police raid of a red‑light area in Purnea and charged under multiple statutes including the Bihar Narcotic Substances Act, the Immoral Traffic Prevention Act, the POCSO Act, the Juvenile Justice (Care and Protection) Act and the SC/ST (Prevention of Atrocities) Act. He has been in custody since 9 August 2025 and applied for bail, contending that none of the victims identified in the raid gave any incriminating statement against him and that his only involvement was as an occasional customer and shop owner in the area. The State opposed the bail application. The Court examined the lack of victim testimony and the prolonged pre‑trial detention, and held that there was insufficient material to justify continued custody. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 480(3) of the Bihar Narcotic Substances Act. The order effectively disposes of the bail petition.

Issues considered

  • Whether the petitioner is entitled to bail despite multiple serious charges under narcotic, immoral traffic, POCSO, juvenile justice and SC/ST statutes
  • Whether the absence of incriminating statements from victims and the length of pre‑trial detention justify granting bail

Legislation cited

Subjects

  • bail
  • red‑light area
  • immoral traffic
  • POCSO
  • juvenile justice
  • SC/ST atrocities
  • narcotic offences
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77240 of 2025
                         Arising Out of PS. Case No.-272 Year-2025 Thana- Marnga District- Purnia
                 ======================================================
                 Md. Shambhu Alam @ Sambhu Alam S/o Late Khattar Miyan R/o Abdullah
                 Nagar, P.s.- Sadar, Distt.- Purnea, Bihar
                                                                      ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. N.K. Agrawal, Sr. Adv
                                          :        Mr. Kumar Rajdeep, Adv
                 For the Opposite Party/s :        Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-02-2026                      Heard the parties.

                                 2. The petitioner seeks bail in connection with

                   Maranga P.S. Case No. 272 of 2025 registered for the offence

                   under Sections 143, 145, 144, 64, 70, 61(2), 3(5) of BNS

                   and Section 3, 4, 5, 6 of the Immoral Traffic Prevention Act,

                   Section 4, 6, 8, 12 and 17 of POCSO Act and Section 75 and

                   79 of Juvenile Justice (Care and Protection Act) and Section

                   3(2)(v)(va) of the SC/ ST (POA) Act.

                                 3. The petitioner is named in the F.I.R. and is in

                   custody since 09.08.2025.

                                 4. As per FIR, the raid was conducted in red light

                   area of Purnea from where 9 male and 3 female was arrested

                   out of which 2 was minor. The petitioner further alleged to
Patna High Court CR. MISC. No.77240 of 2025(2) dt.06-02-2026
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          visit that area occasionally as per FIR.

                       5. Learned counsel appearing on behalf of the

          petitioner submitted that none of the victim as alleged to be

          recovered during the raid stated anything incriminating

          against this petitioner where the maximum allegation raised

          against this petitioner is to visit red light area occasionally as

          customer. It is submitted that as petitioner is the owner of the

          shop in the same market, he visited the place but meantime

          coincidentally he was apprehended by police without having

          any cogent material. While concluding the argument, it is

          submitted that petitioner found involved in one more case,

          where he is on bail.

                       6. Learned APP opposed the prayer of bail.

                       7. In view of aforesaid factual submission and by

          taking note of fact as recovered alleged victim stated nothing

          incriminating against this petitioner, coupled with fact that

          petitioner remains in custody since 09.08.2025, accordingly

          petitioner above named, is directed to be released on bail in

          connection with Maranga P.S. Case No. 272 of 2025 on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
               Patna High Court CR. MISC. No.77240 of 2025(2) dt.06-02-2026
                                                           3/3




                         with two sureties of the like amount each to the satisfaction of

                         learned Special Judge, Purnea/concerned court, subject to the

                         conditions as mentioned under Section 480(3) of BNSS.


                                                                   (Chandra Shekhar Jha, J.)
S.Tripathi/-

U          T


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