Patna High Court
Mahboob Alam @ Md. MahboobversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted as there is no incriminating evidence against the petitioner and he has been in custody for an extended period.
Summary
Mahboob Alam was arrested during a police raid in a red‑light area of Purnea and charged under multiple provisions of the Bihar Police 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 applied for bail, contending that the victims recovered in the raid gave no incriminating statements against him and that he was merely a shop owner who occasionally visited the area. The prosecution opposed bail. The court noted the lack of any victim testimony implicating the petitioner, his clean antecedents and the fact that he had been in custody since 9 August 2025. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the Bihar Police Act. The bail petition was thus disposed in the petitioner’s favour.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the absence of incriminating statements from the victims justifies granting bail.
- Whether the conditions prescribed under Section 480(3) of the Bihar Police Act are satisfied.
Legislation cited
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Juvenile Justice (Care and Protection) Act — s. 75, 79
- Protection of Children from Sexual Offences (POCSO) 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 Act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82133 of 2025
Arising Out of PS. Case No.-272 Year-2025 Thana- Marnga District- Purnia
======================================================
Mahboob Alam @ Md. Mahboob S/O Abdul Khalique Residents of Hajipur
Amtola, P.S- Mufassil, District - Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. xxx S/O YYY R/O of Reshep Bazar, ward no.- 04, P.S- Rangli, Dist-
Darjeeling ( West Bengal)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Fazle Karim
For the Opposite Party/s : Mr.Mohammed Arif
======================================================
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
Patna High Court CR. MISC. No.82133 of 2025(2) dt.06-02-2026
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out of which 2 was minor. The petitioner further alleged to
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 is a man of clean antecedent.
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.82133 of 2025(2) dt.06-02-2026
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with two sureties of the like amount each to the satisfaction of
learned District and Additional Sessions Judge-VI-cum Special
Judge (POCSO), 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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