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Patna High CourtCR. MISC./32514/2017bail granted

Sanjeev Kumar v. The State Of Bihar

2017-07-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32514 of 2017 Arising Out of PS.Case No. -121 Year- 2017 Thana -PATLIPUTRA District- PATNA ====================================================== Sanjeev Kumar, son of Late Dhuri Ram (wrongly mentioned as Late Dhuri Rai in the F.I.R.), resident of village/Mohalla-Baksu, P.S.-Rajgir, DistrictNalanda. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Special (NDPS) Case No.52 of 2017, arising out of Patliputra P.S. Case No.121 of 2017 registered for the alleged offences under Sections 3, 4, 5, 6 and 7 of Immoral Traffic Act, Section 20/22 of the N.D.P.S. Act and Sections 467, 468, 420 & 294/34 of the Indian Penal Code.

As per the prosecution case, on the tip off, of running sex racket in a hotel, the police raided the said hotel and apprehended 8 accused persons including petitioner and one lady and also seized some objectionable article including three pudia of Ganja from the said hotel. The lady, namely, Punam Bhatiya is said to have been running the sex racket in the hotel.

Patna High Court Cr.Misc. No.32514 of 2017 (02) dt.13-07-2017 2/2 It has been submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the conscious physical possession of the petitioner. The allegation levelled against the petitioner is not specific rather it is general and omnibus in nature. Petitioner is said to have been arrested from the hotel but the arrest memo indicates that he was apprehended at Patliputra Police Station. Similarly situated accused person, namely, Chandan Kumar has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. Case No.29146 of 2017 vide order dated 06.07.2017. He has been languishing in jail custody since 16.04.2017.

In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge (NDPS), Patna in connection with Special (NDPS) Case No.52 of 2017, arising out of Patliputra P.S. Case No.121 of 2017.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T