Sujit Sah @ Sujeet Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27297 of 2023 Arising Out of PS. Case No.-308 Year-2015 Thana- BARHARIA District- Siwan ====================================================== SUJIT SAH @ SUJEET SAH S/o- LATE MAHAJAN SAH Village- Mahuari Po- Mahammadpur Ps- Siwan Muffasil Dis- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 3, 4, 5 and 7 of the Prevention of Immoral Traffic Act and Sections 4, 6, 10 of the POCSO Act.

The allegation against the petitioner and another is of engaging in immoral trafficking with the minor girls. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. It is a case of misuse of privilege of bail which was granted by another Bench of this Court vide order dated 18.12.2015 passed in Cr. Misc. No. 50935 of 2015. He further submits that earlier petitioner was

Patna High Court CR. MISC. No.27297 of 2023(2) dt.24-05-2023 2/3 granted bail in another case i.e Siwan Muffasil P.S. Case No. 325 of 2021 by a Co-ordinate Bench vide order dated 30.11.2022 passed in Cr. Misc. No. 5394 of 2022 with conditions. It is further stated that after knowing that fact the petitioner came before the court below and filed surrender cum bail petition before the learned court below on 27.03.2023 and the same was not consider and since then he is languishing in judicial custody.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VI-cum-Exclusive Special Judge, POCSO, Siwan in connection with Barharia P.S. Case No. 308 of 2015.

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

Patna High Court CR. MISC. No.27297 of 2023(2) dt.24-05-2023 3/3