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Patna High Court

Anil Sahani @ Suddu SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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