Avanish Kumar Singh @ Avnish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26332 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- GHORASAHAN District- East Champaran ====================================================== Avanish Kumar Singh @ Avnish Kumar Singh Son of Shyam Kumar Singh Resident of Village - Sonakhan, P.S. - Suppi, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Prasad, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-05-2026 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 19 years in a room. On being asked, it was

Patna High Court CR. MISC. No.26332 of 2026(2) dt.08-05-2026 2/3 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.

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. Learned counsel for the petitioner has submitted that the lady with whom the petitioner was in the hotel is major and she has not stated anything against him. 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 District Additional Sessions Judge-cum-Exclusive Special

Patna High Court CR. MISC. No.26332 of 2026(2) dt.08-05-2026 3/3 Judge, POCSO Act, Motihari at East Champaran in connection with Ghorasahan P.S. Case No. 02 of 2026.

(Ashok Kumar Pandey, J) lata/- U T