Amit Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28642 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- MAHILA PS District- Darbhanga ====================================================== Amit Kumar Roy S/o Ram Sevak Roy @ Ram Shevak Ray, R/o Vill.- Ekma , P.S.- Raj Nagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 401, 372, 373/34 of the Indian Penal Code, Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act, Sections 30(A) and 37(C) and Sections 8 and 10 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is the accused persons were involved in immoral trafficking were arrested and on a disclosure of one accused, the petitioner was apprehended and with him a royal stag bottle (1/4th filled)is recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.3.2018 and has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.28642 of 2018(2) dt.15-05-2018 2/2 witnesses alleged against the petitioner. It is alleged that 1/4th filled royal stag bottle is recovered. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 learned 1st Additional Sessions Judge-cum- Special Judge, Excise (POCSO Act), Darbhanga in connection with POCSO G.R. Case No. 08/2018 arising out of Mahila P.S. Case No. 22 of 2018.

(Sudhir Singh, J) Pankaj/- U T