Patna High Court
Laddu Kumar @ Guddu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner as he was not personally involved in the alleged offences and satisfied the conditions under Section 482(2) of the BNSS.
Summary
Laddu Kumar, owner of a hotel in Vaishali, was named as an accused in a case alleging offences under the Bharatiya Nyaya Sanhita and the Immoral Traffic (Prevention) Act after a police raid uncovered girls and boys in compromising positions. The petitioner contended that he was not present at the premises, had no knowledge of the alleged sex racket, and that the misconduct was perpetrated by hotel staff. He sought anticipatory bail, citing his clean antecedent and the grant of anticipatory bail to a co‑accused, Manish Sahni, in a similar matter. The State opposed the bail application. The Court, considering the lack of personal involvement and the circumstances, allowed anticipatory bail subject to a bail bond of Rs. 10,000 and two sureties, with conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the hotel owner accused under BNSS and ITPA provisions.
- Whether mere ownership of the premises suffices to establish culpability for the alleged offences.
- Whether the conditions prescribed under Section 482(2) of the BNSS justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 127(6), 143(3), 144(2), 482(2), 61(2), 64
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6, 7, 8
Subjects
- anticipatory bail
- sex racket
- hotel owner liability
- Bharatiya Nyaya Sanhita
- Immoral Traffic (Prevention) Act
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85189 of 2025
Arising Out of PS. Case No.-256 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Laddu Kumar @ Guddu Mahto Son of Tribhuvan Bhagat Resident of Village-
Bakhra, P.S.- Saraiya, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Pandey, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 127(6), 143(3), 144(2),
64, 61(2) of the Bharatiya Nyaya Sanhita and Sections 3, 4, 5, 6,
7, 8 of the Immoral Traffic (Prevention) Act.
3. As per F.I.R., on the basis of secret information that
sex racket is going on in several hotels, raid was conducted in
three different hotels, including the hotel of this petitioner. On
search, some girls and boys were found in compromising
position along with liquor bottles, contraceptives, mobile
phones, cash, etc.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has been made accused in this case merely because he is owner
Patna High Court CR. MISC. No.85189 of 2025(2) dt.09-02-2026
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of one of the hotels in question. Petitioner was not present at the
place of occurrence and the alleged sex racket was going on
without his knowledge or consent in connivance with the hotel
staff and manager. It is further submitted that similarly situated
co-accused, namely, Manish Sahni has already been granted
anticipatory bail by this Court vide order dated 20.08.2025
passed in Cr. Misc. No. 51612 of 2025. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, this anticipatory
bail is allowed and it is ordered that let the above named
petitioner in the event of his arrest/surrender before the court
below within a period of eight weeks from today, be enlarged on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection
with Vaishali P. S. Case No. 256 of 2025, subject to condition as
laid down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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