Patna High Court
Bablu Nat @ BabluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to all petitioners subject to monetary and attendance conditions.
Summary
The petitioners were arrested in connection with a police raid that uncovered a brothel and alleged offences under the Bihar Narcotic Substances (B.N.S.) Act, 2023, the POCSO Act and the Immoral Trafficking (Prevention) Act, 1956. They had been in custody since May, September and August 2025 respectively and sought bail. The court noted the victim's statement, the length of their custody and that similarly situated co‑accused had been granted bail by a coordinate bench. Relying on these factors, the court allowed the bail applications subject to a cash bond of Rs.10,000 with two sureties and regular police‑station attendance. The order expressly stated that it did not express any opinion on the merits of the underlying criminal case.
Issues considered
- Whether bail should be granted to accused persons charged under sections of the B.N.S. Act, the POCSO Act and the Immoral Trafficking (Prevention) Act in a brothel‑related case
- Whether the precedent of bail granted to co‑accused in similar cases warrants granting bail to the petitioners
Legislation cited
- Immoral Trafficking Prevention Act, 1956 — s. 3, 4, 5, 6, 7
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6, 8
Subjects
- bail
- brothel
- prostitution
- POCSO
- human trafficking
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53887 of 2025
Arising Out of PS. Case No.-281 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Ashraf Alam Anshari @ Ashraf Anshari @ Sonu @ Ashraf Alam Ansari Son
of Anwar Hussain Resident of Village- Khagra Ward No. 32, P.S. and District-
Kishanganj
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Shanno Praween Aged about 28 years, D/o- Md Jafir, R/o of Maholi- ward
No -3, PS- guraru, Dist -Gaya, At prasent SHO of Kishanganj thana
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 83598 of 2025
Arising Out of PS. Case No.-281 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Md. Hussain @ Mohammad Hussain Son Md. Habib R/o Ward no. 32,
Khagra Hathi Patti Road, P.O. and P.S. - Kishanganj, Dist. - Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Shanno Parveen D/o Md. Jafir R/o Village and Post - Mahuli, Ward no. 03,
P.S. - Guraru, Dist. - Gaya, at present posted as Police Sub Inspector
Kishanganj Police Station, P.O., P.S. and Dist. - Kishanganj.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 86325 of 2025
Arising Out of PS. Case No.-281 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Bablu Nat @ Bablu S/o Alauddin Resident of Village - Sahpur, P.S. and
District - Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Shano Parween D/o Md. Jafir Resident of - Gruru Mohalla, Ward No. 3, P.S
- Guraru, District - Gaya At present - S.H.O, Kishanganj
... ... Opposite Party/s
======================================================
Appearance :
Patna High Court CR. MISC. No.53887 of 2025(7) dt.30-03-2026
2/4
(In CRIMINAL MISCELLANEOUS No. 53887 of 2025)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Nadimul Hasan, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
(In CRIMINAL MISCELLANEOUS No. 83598 of 2025)
For the Petitioner/s : Mr. Satish Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
(In CRIMINAL MISCELLANEOUS No. 86325 of 2025)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Nadimul Hasan, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 30-03-2026 Heard learned Senior counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Kishanganj P.S. Case No.281 of 2025 registered for the offence
under sections 140(4), 143(3), 144(1), 144(2), 64(1), 61(2) and
111 of the B.N.S., 2023, under sections 4, 6 and 8 of the POCSO
Act and under sections 3, 4, 5, 6 and 7 of the Immoral
Trafficking (Prevention) Act, 1956.
3. As per the prosecution case, the police
raided four houses and 11 persons including the petitioners were
found there and thereafter, cash, mobile phones and other
objectionable items were seized. It is alleged that the petitioners
kept a victim for prostitution and was involved in running a
brothel.
4. The petitioner - Ashraf Alam Anshari is in
custody since 29.05.2025, petitioner – Md. Hussain @
Patna High Court CR. MISC. No.53887 of 2025(7) dt.30-03-2026
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Mohammad Hussain is in custody since 23.09.2025 and
petitioner - Bablu Nat @ Bablu is in custody since 17.08.2025.
5. Learned Senior Counsel for the petitioner
submits that similarly situated co-accused Najida @ Najida
Khatoon and Khushbu Kumari @ Khusi have been granted bail
by a coordinate Bench of this Court having vide order dated
16.02.2026 passed in Criminal Miscellaneous Nos.76701 of
2025 and 89149 of 2025.
6. Considering the statement of the victim girl,
the period of custody of the petitioners and also the fact that
similarly situated co-accused have been granted bail by a
coordinate Bench of this Court, this bail applications are
allowed.
7. Let the petitioners of all these cases, above
named, be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of concerned Court below, in
connection with Kishanganj P.S. Case No.281 of 2025, subject
to the condition that they will cooperate in the trial and will
appear personally or through their advocates on each and every
date fixed in the trial.
8. This is also subject to the condition that the
Patna High Court CR. MISC. No.53887 of 2025(7) dt.30-03-2026
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petitioner- Ashraf Alam Anshari and Md. Hussain @
Mohammad Hussain, after being released on bail, are directed to
mark their attendance at Kishanganj Police Station on every
Sunday of the month. Further, petitioner Bablu Nat @ Bablu,
after being released on bail, is directed to mark his attendance
Madhubani Police Station on every Sunday of the month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioners.
9. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding these bail applications.
(Sandeep Kumar, J)
pawan/-
U T
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