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Patna High CourtCR. MISC./20280/2019allowed

Vivek Kumar v. The State Of Bihar

2019-04-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20280 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== VIVEK KUMAR Son of Late Naresh Prasad Sah Resident of Mohalla - Mohaddinagar, P.S.- Mojahidpur (Babarganj), District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Senior Advocate Mr.Pravin Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Kotwali (Jogsar) P.S. Case No. 23 of 2019, registered for the offence punishable under Sections 370, 370(A), 120(B)/34 of the Indian Penal Code and Section 3,4,5,6, and 7 of the Immoral Traffic Prevention Act, 1956.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. Learned counsel for the petitioner submits that the allegation against this petitioner is that he was among the three persons who were found in suspicion condition/ compromising position and on account of suspicion of their involvement in immoral trafficking, they were

Patna High Court CR. MISC. No.20280 of 2019(2) dt.02-04-2019 2/2 apprehended by the police in the instant case. Mr. Mishra, counsel appearing on behalf of the State vehemently oppose the prayer for bail on the ground that it is a case of Immoral Traffic Act, therefore, the Court should not grant bail.

Considering the fact that the petitioner has no criminal antecedent, and he has remained in custody for more than 2 1⁄2 months, the Court is inclined to grant bail to the petitioner. Let, the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate- Bhagalpur, in connection with Kotwali (Jogsar) P.S. Case No. 23 of 2019, G.R. No. 159 of 2019.

(Anil Kumar Upadhyay, J) T.Kr./- U T