Mohammad Bittu Hasmi @ Bittu Hasmi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23701 of 2026 Arising Out of PS. Case No.-74 Year-2025 Thana- MAHILA P.S. District- Saran ====================================================== Mohammad Bittu Hasmi @ Bittu Hasmi S/O Md. Minsarif Hasmi @ Md. Min Sarif Hasmi R/O Village- Murwan (Khash), P.O- Gamharia, P.SIshuapur, Dist- Saran at Chapra- 841421. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mahasweta Sinha Police Inspector-cum-SHO, Saran Mahila P.S., Chapra841301. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 79, 111, 141, 143, 145, 98, 296 and 3(5) of B.N.S., Sections 13 and 14 of POCSO Act, Section 79 of J.J. Act and Sections 3, 4, 5, 6 of I.T. Act and Section 16 of Bonded Labour System (Abolition) Act, 1976.
3. The case of the prosecution is that a raid was made at the residence of certain orchestra owners and from their possession, girls were recovered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.23701 of 2026(2) dt.24-04-2026 2/3 petitioner is innocent and has committed no offence. It has further been submitted that during course of investigation, the girls were recovered from the orchestra and from perusal of the order of the learned trial court, it is clear that the six girls who were recovered, have given their statement recorded under section 183 of the B.N.S.S. wherein they have stated that they were working in the orchestra and nothing else has been stated by them. Learned counsel for the petitioner has submitted that the petitioner is only a musical instrument player and no any specific allegation has been levelled against him. It has also been submitted that similarly situated other co-accused persons have already been granted bail by this Court and from learned co-ordinate Bench of this Court vide Cr. Misc. Nos. 76339 of 2025, 72332 of 2025 and 72942 of 2025. The case of this petitioner stands on better footing from those co-accused persons. Moreover, the petitioner is languishing in judicial custody since 15.08.2025.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular 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
Patna High Court CR. MISC. No.23701 of 2026(2) dt.24-04-2026 3/3 petitioner is directed to be released on bail in connection with Saran Mahila P.S. Case No. 74 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Additional Sessions Judge, POCSO, Saran at Chapra.
(Ashok Kumar Pandey, J) Sudhanshu/- U T