Patna High Court
Vinod Singh @ Vinod Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The Court denied bail to the petitioner.
Summary
Vinod Singh, an employee of a Hindustan orchestra, was arrested in connection with a case alleging that the orchestra staged obscene programmes and forced immoral acts, violating sections of the Bharatiya Nyaya Sanhita, the POCSO Act and the Immoral Traffic (Prevention) Act. The petitioner contended that he was falsely implicated, that the charge-sheet was vague and that he had no role in organizing the alleged offences, and he had no prior criminal record. The State opposed bail, citing multiple witness statements and the fact that co‑accused bail had previously been denied. The Court examined the seriousness of the charges, the nature of the evidence and the precedent of denying bail to co‑accused, and concluded that bail could not be granted. The bail petition was rejected, with directions to expedite the trial and a provision for the petitioner to renew the bail application if the trial is not concluded within six months.
Issues considered
- Whether bail should be granted to the petitioner given the nature and gravity of the offences alleged under the Bharatiya Nyaya Sanhita, POCSO Act and Immoral Traffic (Prevention) Act
- Whether the charge-sheet sufficiently specifies the petitioner’s alleged participation
- Whether the denial of bail to co‑accused influences the decision on the petitioner’s bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 143(1), 145, 3(5), 98
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- criminal procedure
- obscene acts
- sexual offences
- POCSO
- immoral traffic
- Bharatiya Nyaya Sanhita
- high court
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83318 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- MAHILA P.S. District- Saran
======================================================
Vinod Singh @ Vinod Kumar Singh Son of Ajit Kumar Singh Resident of
Village- Nachurchak (Nasochak), P.S.- Dariyapur, District- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mahashweta Sinha, SHO, Mahila Thana, Saran Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Mishra, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 09-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary. Despite valid
service of notice, none appears on behalf of the informant.
2. The petitioner seeks bail in connection with Saran
Mahila P.S. Case No. 19 of 2025, instituted for the offences
punishable under Sections 143(1), 145, 98, 3(5) of the Bharatiya
Nyaya Sanhita, 2023, read with Sections 8/12 of the POCSO
Act, Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention)
Act, 1956.
3. The prosecution case, in short, is that the accused
persons including the petitioner were running an orchestra
wherein obscene programmes and immoral acts were forcefully
performed by the victims.
Patna High Court CR. MISC. No.83318 of 2025(4) dt.09-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submitted that no
specific allegation has been attributed against the petitioner
rather the same is general and omnibus in nature. It is next
submitted that the petitioner is an employee in Hindustan
orchestra and neither owner nor organiser of that orchestra. The
petitioner has got no role in alleged offence. The petitioner is in
custody since 27.05.2025 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner stating that several
witnesses have supported the prosecution case and victims, who
were recovered have also stated that co-accused Vikash Singh
along with this petitioner run the orchestra where they are
forced to perform obscene dance and immoral acts. It is further
submitted that regular bail of other co-accused has also been
rejected by this Court vide order dated 25.09.2025 passed in Cr.
Misc. No. 48571 of 2025. Hence, the petitioner does not deserve
the privilege of bail.
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
Patna High Court CR. MISC. No.83318 of 2025(4) dt.09-02-2026
3/3
this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial. However, if the trial is not concluded within a
period of six months from the date of receipt/production, the
petitioner will have liberty to renew his prayer for bail in the
Court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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