Patna High CourtCR. MISC./41925/2025allowed

Rakesh Tiwary v. The State Of Bihar

2025-08-20Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41865 of 2025 Arising Out of PS. Case No.-256 Year-2025 Thana- VAISHALI District- Vaishali ====================================================== Ratnesh Kumar Bharti, Son of Uma Nath Bharti, R/O Vill.- Bhagwanpur, P.S.- Jandaha, District - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41925 of 2025 Arising Out of PS. Case No.-256 Year-2025 Thana- VAISHALI District- Vaishali ====================================================== Rakesh Tiwary, Son of Subodh Tiwary, R/O Vill.- Bhagwanpur Ratti, P.S.- Vaishali, District - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 49885 of 2025 Arising Out of PS. Case No.-256 Year-2025 Thana- VAISHALI District- Vaishali ====================================================== Md. Irsad @ Md Irsad Ali, S/o Md. Hussain @ Ahmad Miyan @ Md. Ahmad Hussain, Resident of village- Deoria Kothi, P.S.- Deoria, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 41865 of 2025) For the Petitioner/s :

Mr. Vinod Pandey, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP (In CRIMINAL MISCELLANEOUS No. 41925 of 2025) For the Petitioner/s :

Mr. Vinod Pandey, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP (In CRIMINAL MISCELLANEOUS No. 49885 of 2025) For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.41865 of 2025(4) dt.20-08-2025 2/3

2. The petitioners have prayed for bail in connection with Vaishali P.S. Case No. 256 of 2025 registered for the offence punishable under Sections 127(6), 143(3), 144(2), 64, 61(2) of I.P.C. and Sections 3,4, 5, 6, 7 and 8 of Immoral Traffic (Prevention)Act.

3. The case of the prosecution is that there was an information before police that immoral activities are going on and on that information, the hotel of Siddhu Sahani was searched and from that hotel, certain persons were arrested. The petitioners are amongst them. From possession of those persons, mobile phone, bike and other articles were recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. The specific recovery is not disclosed in the FIR. It has also been submitted that similarly situated co-accused persons, namely, Deepak Kumar, Rajesh Kumar, Dhirendra Kumara and Sujit Kumar have already been granted bail by learned co-ordinate Benches of this Court vide Cr. Misc. Nos. 43418 of 2025, 43972 of 2025, 47506 of 2025 and 47454 of 2025 respectively. The case of these petitioners stands on similar footing. Petitioners Rakesh Tiwary and Md. Irsad @ Md. Irsad Ali are having no criminal antecedent. They are languishing in judicial custody since

Patna High Court CR. MISC. No.41865 of 2025(4) dt.20-08-2025 3/3 05.05.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner Ratnesh Kumar Bharti is having criminal antecedent of two cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Vaishali at Hajipur in connection with Vaishali P.S. Case No.256 of 2025.

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