The Patna High Court granted bail to four petitioners accused of offenses under the Immoral Traffic (Prevention) Act. The accused were released upon furnishing a bond of Rs. 10,000 each and providing two sureties.
Petitioners released on bail on furnishing a bond of Rs. 10,000 each with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7571 of 2013
====================================================== Manoj Kumar .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.7244 of 2013 ====================================================== Raja Kumar @ Manan Khan .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.12545 of 2013 ====================================================== 1. Naneshwar Thakur. 2. Kundan Kumar. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 5 11-07-2013 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 08.01.2013 and 09.01.2013 respectively in a case registered for the offences punishable under Sections 3,4,5 of the Immoral Traffic (Prevention) Act and 47(a) of the Excise Act. The accusation has been levelled on recovery of condom and some liquor from gents parlour of petitioner Manoj Kumar when other two petitioners
Patna High Court Cr.Misc. No.7571 of 2013 (5) dt.11-07-2013
2 / 2
were employees of other parlour.
It is submitted by learned counsel for the
petitioners that accusation has been levelled on
mere suspicion when as per accusation levelled no
case under Sections 3, 4 and 5 of the Immoral
Traffic (Prevention )Act is made out when statements
have been made in paragraph nos. 14, 12 and 8
respectively of the petitions that the petitioners
have no criminal antecedent.
Considering the nature of accusation and
recovery, let the petitioners, above named, be
released on bail on furnishing bail bond of
Rs.10,000/-(Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the
learned C.J.M. Patna, in connection with Patna Sadar
Gandhi Maidan P.S. Case No. 04 of 2013 (G.R. No. 162
of 2013).
(Dinesh Kumar Singh, J)
U.K./-
3 issues framed by the court
Whether bail should be granted to the petitioners accused under Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act.
Whether the recovery of condom and liquor from another establishment affects the case against the petitioners.
Whether the petitioners, having no criminal antecedents, can be released on bail upon furnishing bond.
2 provisions across 2 enactments
Manoj Kumar
Raja Kumar @ Manan Khan
Naneshwar Thakur
Kundan Kumar
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court