Patna High Court

Chand HussainversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Pre‑arrest bail was not granted as the seriousness of the charges and the petitioner’s antecedents warranted denial.

Summary

Chand Hussain was alleged, via an FIR, to be part of an organised prostitution racket in Premnagar, having confined a victim and forced her into sexual exploitation. The charge‑sheet includes offences under IPC sections 143(2), 143, 144(1), 144(2), 87 and 64, and under the Immoral Traffic (Prevention) Act sections 3, 4, 5, 6 and 7. The petitioner, who already has three criminal antecedents, applied for pre‑arrest bail. The Court examined the seriousness of the accusations, the petitioner’s prior record and the material on record, and concluded that the gravity of the offences outweighed any liberty considerations. Consequently, the application for pre‑arrest bail was rejected.

Issues considered

Whether pre‑arrest bail should be granted to the petitioner in view of the nature of the offences and his criminal antecedents?

Legislation cited

Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6, 7
Indian Penal Code — s. 143, 143(2), 144(1), 144(2), 64, 87

Subjects

pre‑arrest bail
prostitution
IPC
Immoral Traffic (Prevention) Act
criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8064 of 2026
                  Arising Out of PS. Case No.-446 Year-2025 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Chand Hussain S/O Late Sajjad Hussain Resident of Village- Bishanpur, P.S-
                 Bishanpur (Kochadhaman), District- Kishanganj.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raj Kumar , Advocate
                 For the Opposite Party/s :      Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                        Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under section 143 ( 2 ), 143 , 144 (1) ,

                   144 ( 2 ), 87 and 64 of IPC and 3 , 4, 5 , 6 and 7 of the Immoral

                   Traffic (Prevention) Act.

                                3 . As per F.I.R. informant alleged that petitioner is

                   involved in running an organized prostitution racket at

                   Premnagar. It is further alleged                 that this petitioner in

                   connivance with other accused persons wrongfully confined the

                   victim and compelled her to engage in sexual exploitation with

                   multiple customers. Petitioner has got 3 criminal antecedents.

                                4. Considering the nature of accusation , criminal

                   antecedents of this petitioner, materials available on record and
            Patna High Court CR. MISC. No.8064 of 2026(2) dt.20-02-2026
                                                        2/2




                      gravity of offence , prayer for pre-arrest bail of the petitioner is

                      rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U

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