Udai Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21009 of 2018 Arising Out of PS. Case No.-222 Year-2018 Thana- AHIAPUR District- Muzaffarpur ====================================================== Udai Kumar, S/o Sakal Rai, Resident of Village-Shivrahan Basudeo, P.S.- Ahiyapur, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Prasad Karn For the Opposite Party/s :

Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Ahiyapur P.S. Case no. 222 of 2018 registered under Sections 5B(1), 5D, 6(a), 6(b), 3(i), 5, 5A, 5C of the Immoral Traffic Prevention (Amendment) Act, 2006 and Section 30(a) of Bihar Prohibition & Excise Act-2016.

Petitioner and two other accused persons are said to have been apprehended in the house of Navin Kumar Jha and Manju Devi with the girls in the objectionable position. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. As a matter of fact, petitioner

Patna High Court Cr.Misc. No.21009 of 2018(2) dt.16-04-2018 2/2 happens to be milk man and had arrived at the aforesaid house to take money of the milk delivered by him at the time of occurrence but was unfortunately apprehended by the police merely on suspicion. He has no criminal antecedent. He has been languishing in custody since 05.03.2018. Similarly situated co-accused namely, Naveen Kumar and Shivendra Kumar have been enlarged on bail vide order dated 04.04.2018 passed in Cr. Misc. no. 18577 of 2018 and 19211 of 2018 respectively, by a co-ordinate Bench of this Court. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 learned Special Judge, Excise, Muzaffarpur in connection with Ahiyapur P.S. Case no. 222 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T