Chandra Shekhar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47548 of 2026 Arising Out of PS. Case No.-110 Year-2026 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Chandra Shekhar Kumar S/O Sri Surendra Sah Resident of Village- Gandhi ashram, P.S- Town, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shravan Kumar, Sr. Adv.
Ms. Monika Singh, Adv.
For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-07-2026 Heard Mr. Shravan Kumar, learned Senior Counsel for the petitioner duly assisted by Ms. Monika Singh and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No. 110 of 2026 for the offence registered under sections 127(2), 144(2), 61(2), 3(5) of BNS and under Section 3, 4, 5, 6, 7, 8 of Immoral Traffic Prevention Act and Section 30(a), 37 of Bihar Prohibition and Excise Act.
3. As per the prosecution story, the Police raided the Sager Residential Hotel, Hajipur and in number of rooms, objectionable materials were present which followed the FIR.
4. Learned Counsel for the petitioner submits that he is the owner of the hotel which has been taken on lease from the
2/5 land owner, it is being run by the Manager, Ravi Kumar and further, all the occupants of the room were adults and checked in the hotel on the basis of their original identification card. No such illegality of allowing them to enter the premises without valid identity card is/are there.
5. It is his further submission that it has become a trend of the Police to raid a hotel, force the persons/occupants to come out of it and parade them before the public, with the photos/videos being shoot which certainly lowers their images before the society. The petitioner intends to take appropriate legal steps for such high-handedness attitude of the Police which also affects the reputation of the hotel.
6. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that he has a role in the matter being the owner to look into all these illegalities.
7. Having heard the parties, this Court agrees with the submissions put forward by learned Senior Counsel for the petitioner. Two adult persons have checked in a hotel on the basis of valid documents. Police has the authority to check/inquire about credentials and satisfy themselves whether they are there with valid documents or not and further whether
3/5 they have been forcefully taken in the room or not and the story must stop there. They cannot be subjected to videos/photographs the moment the door is opened and have no business to streamline before the media.
9. The Superintendent of Police, Vaishali at Hajipur has a role in it and he/she has to sensitize the Police on such matter. Under no circumstances, the dignity of a lady can be lowered before the society due to such unprofessional act of the Police.
10. So far as the anticipatory bail application is concerned, taking into account the aforesaid facts, as submitted by learned Senior Counsel for the petitioner and further as he do not have criminal antecedent, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
11. However, if it is found that contrary to the statement made in paragraph 3, the petitioner has criminal antecedent, the present order shall become infructuous.
12. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of
4/5 Exclusive Special Court No. 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 110 of 2026 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
13. Let a copy of this order be sent to the Superintendent of Police, Vaishali at Hajipur for his/her perusal and necessary action. Simultaneously, copy of the order be also
5/5 communicated to the Director, Bihar Police Academy, Rajgir for his/her perusal and taking appropriate steps to sensitize those attending the Academy.
(Rajiv Roy, J) Vijay Singh/- U