Mohan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27781 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- AWTARNAGAR District- Saran ====================================================== MOHAN SAH Son of Ramashish Sah Resident of Village - Haraji, P.s.- Awtarnagar, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 370, 371, 372 and 373 of the Indian Penal Code and Sections 3, 5 and 6 of the Immoral Traffic Prevention Act, 1956.

The petitioner is said to have been a worker and associate of immoral trafficking activity carried out in the hotel, Palanhar, at Chapra.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the petitioner happens to be a fourth

Patna High Court CR. MISC. No.27781 of 2022(2) dt.23-08-2022 2/3 grade worker in the hotel, where immoral trafficking activity is alleged in the F.I.R. He further submits that neither the petitioner happens to be the owner of the hotel nor he is stated to be the Manager of the alleged hotel. He further submits that he has no concern with any illegal activity as alleged in the F.I.R. rather he, being a poor man, was working in the hotel for his livelihood. The petitioner is rotting in judicial custody since 08.03.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Awatar Nagar P.S. Case No. 54 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled

Patna High Court CR. MISC. No.27781 of 2022(2) dt.23-08-2022 3/3 by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Braj/- U T