Munna Singh @ Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64062 of 2018 Arising Out of PS. Case No.-633 Year-2018 Thana- SONEPUR District- Saran ====================================================== Munna Singh @ Sanjay Kumar Singh, Son of Mahendra Singh, resident of New Road, Nakhas, Sonepur, P.S. Sonepur, District Saran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Ashtfaque Halal, Advocate Mr. Pravin Kumar, Advocate Mr. Malay Kumar Chaudhary, Advocate For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sonepur P.S. Case No. 633 of 2018 dated 03.07.2018 instituted for the offences under Sections 3 and 7 of the The Immoral Traffic (Prevention) Act, 1956.

On secret informant that the hotel in question was being used for flesh trade, a raid was conducted. At the time of raid, from two rooms of the hotel couples were arrested. It was the presumption of the raiding team that they were

Patna High Court Cr.Misc. No.64062 of 2018(2) dt.13-12-2018 2/3 permitted to enter in the hotel for the purposes of immoral act.

Learned counsel for the petitioner has submitted that from the F.I.R. itself it would appear that nothing incriminating was recovered from the possession of the occupants of the two rooms of the hotel. In proof of the aforesaid, learned counsel for the petitioner has drawn the attention of this Court to an order passed by the court below, wherein, one couple, who were also arrested, have been granted bail on confirmation of the fact that they were married couple.

Learned counsel for the petitioner has submitted that as a hotel owner, he had passed necessary instructions to his Manager to ascertain the identity of whoever came to stay in his hotel.

Considering the nature of the accusation which is basically on the presumption of the raiding team, the petitioner above-named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt /

Patna High Court Cr.Misc. No.64062 of 2018(2) dt.13-12-2018 3/3 production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st, Chapra (Saran) in connection with Sonepur P.S. Case No. 633 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U