Patna High Court
Anil Sahani @ Suddu SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail is warranted and granted it subject to the stipulated conditions.
Summary
The petitioner, Anil Sahani, owner of a hotel in Vaishali, was implicated in a police raid that uncovered a sex racket allegedly operating in his premises. He was charged under several provisions of the Bharatiya Nyaya Sanhita (Sections 127(6), 143(3), 144(2), 64, 61(2)) and the Immoral Traffic (Prevention) Act (Sections 3‑8). The petitioner contended that he was not present during the incident, had no knowledge of the illicit activities, and that the racket was conducted by hotel staff in collusion. He applied for anticipatory bail, citing his clean antecedents and the grant of anticipatory bail to a co‑accused in a similar case. The State opposed the bail. The Court, considering the circumstances, granted anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite charges under the BNSS and ITPA.
- Whether the petitioner’s alleged lack of participation and knowledge of the alleged sex racket negates criminal liability.
- Whether the conditions prescribed under Section 482(2) of the BNSS justify the grant of 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
- Bharatiya Nyaya Sanhita
- Immoral Traffic (Prevention) Act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86386 of 2025
Arising Out of PS. Case No.-256 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Anil Sahani @ Suddu Sahani Son of Mahesh Sahani Resident of Village-
Kharona Pokhar, P.S.and District- Vaishali
... ... 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.86386 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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