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Patna High Court

Vikky KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       Exclusive Special Additional Sessions Judge (POCSO), Saran at

                       Chapra.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T


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