Khabir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17814 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- GHORASAHAN District- East Champaran ====================================================== Khabir Alam, Son of Kaimuddin Mian @ Kaiyamudin Miyan, Resident of village - Bakuliya, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Ghorasahan P.S. Case No.02 of 2026 registered for the offence punishable under Sections 64 and 62 of B.N.S., Sections 3, 4 and 5 of Immoral Traffic Prevention Act and Sections 8 and 12 of POCSO Act.
3. The case of the prosecution, in short, is that the informant raided Royal Lovely Family Resort and Gift General Store at Ghorasahan on information along with other police personnel. It is alleged that the petitioner was found with a lady aged about 35 years in a room. On being asked, it was disclosed that the owner of the hotel Subodh Pandit has called the ladies on the promise that they will be paid if they will establish physical relationship with the customers.
Patna High Court CR. MISC. No.17814 of 2026(2) dt.23-03-2026 2/2
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The petitioner is a rickshaw puller who was being called by the lady and he was not apprehended in the room. He is having no criminal antecedent and he is languishing in judicial custody since 07.01.2026. It has further been submitted that in Immoral Traffic Act, no officer below the rank of Inspector can make seizure and the I.O. is S.H.O. who is of the rank of S.I.
5. Learned APP appearing for the State has vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 6th Additional Sessions Judge-cum-Special Judge, POCSO, Motihari at East Champaran in connection with Ghorasahan P.S. Case No. 02 of 2026.
(Ashok Kumar Pandey, J) lata/- U T