Patna High Court
Vikky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs 10,000 with two sureties.
Summary
Vikky Kumar was arrested in connection with a case involving alleged forced dancing of two girls in an orchestra, with charges under multiple statutes including the BNS Act, POCSO Act, Juvenile Justice Act, Immoral Traffic (Prevention) Act and the Bonded Labour System (Abolition) Act. The prosecution alleged that Kumar acted as a helper to the orchestra and was complicit in the exploitation. Kumar contended that he was merely a helper, had no criminal antecedent, and was falsely implicated, citing that the rescued girls had stated they worked in the orchestra under Section 183 of the BNSS. He also pointed to a similar bail order granted to a co‑accused, Mukesh Prasad, in Cr. Misc. No. 85156 of 2025. The Court examined whether the nature of his involvement and lack of prior record warranted regular bail despite the serious charges. Finding the arguments persuasive, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, thereby granting regular bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under multiple serious statutes
- Whether the petitioner’s role as a ‘helper’ to the orchestra justifies bail
- Whether the bail granted to a co‑accused is relevant to the petitioner’s bail application
Legislation cited
- BNS Act — s. 111, 141, 143, 145, 296, 3(5), 79, 98
- BNSS Act — s. 183
- Bonded Labour System (Abolition) Act, 1976 — s. 16
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
- POCSO Act — s. 13, 14
Subjects
- bail
- criminal procedure
- POCSO
- immoral traffic
- bonded labour
- juvenile justice
- regular bail
- helper
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7814 of 2026
Arising Out of PS. Case No.-87 Year-2025 Thana- MAHILA P.S. District- Saran
======================================================
Vikky Kumar, S/o- Lakhan Prasad, R/o Village -Apahar, P.S. Amnour, Dist-
Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mahashweta Sinha, Inspector cum SHO Mahila, Saran at Chapra Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 79, 111,
141, 143, 145, 98, 296 and 3 (5) of BNS, Section 13 and 14 of
POCSO Act, Section 79 of J.J. Act, Sections 3,4,5 and 6 of the
Immoral Traffic (prevention) Act, 1956 and Section 16 of
Bonded Labour System (Abolition) Act, 1976.
3. The case of the prosecution is that the petitioner is
the helper of Supriya Orchestra and that after raiding the house
of the proprietor, two girls were recovered. The girls allegedly
disclosed that they were forced to dance in an Orchestra.
Patna High Court CR. MISC. No.7814 of 2026(2) dt.06-02-2026
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4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has committed no offence. He
has falsely been implicated in the present case. It has further
been submitted that from perusal of the order of the learned trial
Court, it is evident that the learned trial Court has recorded that
the recovered girls have given their statement under Section 183
of the BNSS wherein they have stated that they were working in
the Orchestra. It has also been submitted that admittedly, the
petitioner is only the helper of the Orchestra. He is having no
criminal antecedent. It has also been submitted that one of the
co-accused Mukesh Prasad has been granted bail by this Court
vide Cr. Misc. No. 85156 of 2025. The case this petitioner
stands on similar footing. Moreover, he is languishing in judicial
custody since 16.10.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Mahila P.S. Case No. 87 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.7814 of 2026(2) dt.06-02-2026
3/3
Exclusive Special Additional Sessions Judge (POCSO), Saran at
Chapra.
(Ashok Kumar Pandey, J)
lata/-
U T
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