Anil Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33463 of 2025 Arising Out of PS. Case No.-102 Year-2018 Thana- IMAMGANJ District- Gaya ====================================================== Anil Bhuiyan S/o Vasudev Bhuiya @ Basuder Bhuiya R/o Village- Guria Pakri, P.S.- Imamganj, Distt.- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Masomat Bimla Devi W/o Late Jagdev Thakur R/o Village- Guria, P.S.- Imamganj, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar For the Opposite Party/s :
Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Imamganj P.S. Case No. 102 of 2018 instituted for the offence under Sections 376(D), 376(3), 376(DA) of the Indian Penal Code and Section 4/6 of POCSO Act.
3. It is a case of misuse of the privilege of bail by the petitioner. The present case was registered in year of 2018 thereafter, the petitioner was enlarged on regular bail on 31.07.2019, with condition that he shall remain
Patna High Court CR. MISC. No.33463 of 2025(2) dt.27-05-2025 2/3 present on each and every date fixed by the Court and absence on two consecutive dates without valid reason will result in cancellation of bail bonds, but due to his non-appearance in trial, his bail bond was cancelled by concerned court on 27.06.2024 and thereafter he surrendered before the trial court on 01.09.2024 and since then, he is languishing in judicial custody.
4. It is submitted by learned counsel for the petitioner that the petitioner has not misused the privilege of bail deliberately, but the pairvikar left making pairvi of this petitioner and due to which his bail bond was cancelled. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 01.09.2024.
5. 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
Patna High Court CR. MISC. No.33463 of 2025(2) dt.27-05-2025 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge (POCSO)-cum-VII Additional Sessions Judge, Gaya in connection with Imamganj P.S. Case No. 102 of 2018, with following conditions:- (i) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the learned trial Court.
(S. B. Pd. Singh, J) Nirajkrs/- U T