Patna High Court
Md. Shambhu Alam @ Sambhu AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic Substances Act — s. 143, 144, 145, 3(5), 480(3), 61(2), 64, 70
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Juvenile Justice (Care and Protection) Act — s. 75, 79
- Protection of Children from Sexual Offences Act — s. 12, 17, 4, 6, 8
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)(va)
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
2/3
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
Checking your session…