Sanjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12527 of 2023 Arising Out of PS. Case No.-661 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== 1.

Sanjay Kumar Yadav S/O Shambhu Prasad Yadav R/O Village- Kuabagh @ Kuanbank, P.S.- Sonhala, Distt- Jamuai, At Present- Staff Of Pranjal Hotel Old Bus Stand Mithapur, P.S.- Jakkanur, Distt- Patna. 2.

Manish Kumar S/O Shankar Prasad Yadav R/O Village- Kuabagh @ Kuanbank, P.S.- Sonhala, Distt- Jamuai, At Present- Staff Of Pranjal Hotel Old Bus Stand Mithapur, P.S.- Jakkanur, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 370, 420/34 of the Indian Penal Code and Section 3/6/7/8 of Immoral Traffic Act.

The prosecution case in nutshell is that informant, being a police official, received information about immoral trafficking in Pranjal Hotel. On raid, in

Patna High Court CR. MISC. No.12527 of 2023(2) dt.16-05-2023 2/3 room No. 202, one boy and two girls were found in objectionable condition. The allegation against the petitioners is that they were in connivance for doing illegal act with the main accused.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. It is further submitted that petitioners are employees of the said Hotel and their work was to serve the meal. They have no concern either with the alleged offence, main co-accused of this offence or with the management of the hotel. It is also submitted that petitioners are languishing in judicial custody since 23.11.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Moreover, Bikku Kumar who is alleged to be main accused, has been granted bail vide order dated 04.05.2023, passed in Cr. Misc. No. 10715 of 2023 by this Court.

Patna High Court CR. MISC. No.12527 of 2023(2) dt.16-05-2023 3/3 Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Jakkanpur P.S. Case No. 661 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna.

(Sunil Kumar Panwar, J) Nirajkrs/- U T