IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38943 of 2026 Arising Out of PS. Case No.-123 Year-2026 Thana- NAWADA District- Nawada ====================================================== Sanjeev Kumar S/o Rajendra Prasad R/o Vill- Mora Talab, P.S- Rahui, Dist- Nalanda ... ... Petitioner/s Versus 1. The State of Bihar Patna 2. X S/o Y Officer-in- charge, P.S and Dist- Nawada. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudish Kumar, Advocate For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 3 17-08-2026 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2. It appears from the order dated 17.06.2026 that notices were issued to the opposite party no. 2 through both process, however from the array of parties mentioned in the anticipatory bail petition, it would transpire that the opposite party no. 2 has been mentioned as ‘X’, son of ‘Y’, Officer-in- charge, Police Station + District Nawada and therefore, notices have been served upon the opposite party no. 2, i.e., Officer-in- charge of Nawada Police Station. 3. The learned A.P.P. for the State provides a copy of memo no. 1672 dated 10.08.2026 written by the Officer-in- charge, Town Police Station, Nawada, addressed to the Joint Patna High Court CR. MISC. No.38943 of 2026(3) dt.17-08-2026 2/5 Registrar of this hon’ble Court wherein memo no. 1670 dated 10.08.2026 and memo no. 1671 dated 10.08.2026 are also appended. From perusal thereof, it would transpire that notices have been received by the father and brother of the victim girls/ladies on 10.08.2026 itself. 4. Today, when the matter has been called out, none appears for the victim girls/ladies. However, the learned A.P.P. for the State is present along with the case diary. 5. The petitioner apprehends his arrest in connection with Nawada Nagar P.S. Case No. 123 of 2026 offence under Sections 64(1), 96, 98, 99, 142 and 61(2) of B.N.S. and under Section 4/6 POCSO Act and under Sections 3, 4 and 5 of Immoral Traffic Act. 6. As per the prosecution story which has been lodged on the basis of the written report submitted by the informant to the effect that he received a confidential information that in the house of Sharwan Yadav, an illegal flesh trade business is being carried out by a handicapped person with minor girls. To verify the authenticity of the said information, the Officer-in-charge, along with police party reached the house of Sharwan Yadav at around 01:10 o’clock in night. The northern door of the house was opened and a person came outside, who disclosed his name Patna High Court CR. MISC. No.38943 of 2026(3) dt.17-08-2026 3/5 as Roshan Kumar @ Sahim. The door of another side, i.e., south side was opened by one person, namely, Gulshan Kumar. In the house, when the search was made, from one room, one boy and one girl were found and they disclosed their names as Tannu Kumar and X. The victim girl narrated the story to the informant that co-accused persons brought her there and she was forced in flesh trade. Upon search of another room, one boy, namely, Priyanshu Kumar was found along with another girl and she also disclosed her ordeal before the informant and disclosed the name of the persons who brought her into flesh trade. On the basis of the self report of the Officer-in-charge, the present First Information Report was lodged. 7. The learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. The petitioner is not named in the First Information Report and his name transpired in the present case on the basis of the confessional statement made by the co-accused Vicky Kumar. He submits that there are general and omnibus allegation against all the accused persons, including the petitioner. He submits that the petitioner is not at all involved in the occurrence in question and during course of investigation, nothing has come against the petitioner. He further submits that none of the witnesses have Patna High Court CR. MISC. No.38943 of 2026(3) dt.17-08-2026 4/5 supported the case of the prosecution, during course of investigation and both the victim girls were involved in the flesh trade on their own and with their consent. 8. Per contra, the learned A.P.P. appearing on behalf of the State, while referring to the case diary, which has been provided to him by the Investigating Officer of the case, who is also the Officer-in-charge of Nawada Town Police Station, would submit that both the victim girls gave their statement before the learned A.C.J.M.-VI at Nawada and the learned A.C.J.M.-VI permitted the Investigating Officer to record the statement of the victim girls recorded under Section 183 of the B.N.S.S. in the case diary. Both the victim girls, during course of their statement under Section 183 of the B.N.S.S., have named the petitioner as one of the persons, who forced them into flesh trade and was taking money for forcing the girls in flesh trade. 9. Having considered the rival submissions and after going through the records as well as the case diary, wherein in paragraph nos. 69 and 70, the statement of the victim girls, recorded under Section 183 of the B.N.S.S. has been recorded. From perusal thereof, it would transpire that both the victim girls have named the petitioner and other persons, who forced Patna High Court CR. MISC. No.38943 of 2026(3) dt.17-08-2026 5/5 them into the flesh trade and they were forced to have physical relationships with many persons, without their consent. Considering the allegations and the statement of the victim girls recorded in the case diary, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Thr prayer for Anticipatory Bail is hereby rejected. 11. The case diary is being returned to the learned A.P.P., however the memo no. 1672 dated 10.08.2026 is kept on record for future use and reference. Rupa/- (Ritesh Kumar, J) U T