Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7495 of 2019 Arising Out of PS. Case No.-793 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== AMIT KUMAR, Son of Dhruv Prasad, Resident of Mohalla - Jhajha, P.S.- Jhajha, District- Jamui, at present residing in Mohan Singh Lodge, Mahendru, P.S.-Sultanganj, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Kadamkuan P.S. Case No.793 of 2018 instituted for the offence under Section(s) 413, 414/34 Indian Penal Code, 30(a) of Bihar Prohibition and Excise Act, 2016, Section 3(2), 5(D), 6, 9 of the Immoral Traffic Act.

It is alleged in the written report that police got information about keeping of theft idol and also commission of illegal act in the house of Ashok Kuamr Khandelia. The police raided the aforesaid house and apprehended the petitioner and three women, namely, Kusum Devi, Sannu, and Pushpa. It is further alleged that one mobile and cash of rupees four thousand

Patna High Court Cr.Misc. No.7495 of 2019(2) dt.08-02-2019 2/2 has been recovered from possession of the petitioner. The recovered girl Pushpa Devi told that Kusum and Sannu used to bring customers for the purpose of illegal trade. In this manner, from the written report itself it appears that there is no allegation of specific overt act against the petitioner.

Counsel for the petitioner submits that Petitioner is in custody since 31.12.2018 having clean antecedents. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, in connection with Kadamkuan P.S. Case No.793 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T