Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48842 of 2021 Arising Out of PS. Case No.-72 Year-2021 Thana- SOHSARAI District- Nalanda ====================================================== SUDHIR KUMAR Son of Late Ram Sawrup Prasad Resident of MohallaSohdih Gola, Jalalpur, P.S.- Sohsarai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No.1 For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sohsarai Police Station Case No. 72 of 2021, registered for the offences punishable under Section 354 of the Indian Penal Code and Sections 3/4/5/6 of the Immoral Traffic Act. The prosecution case, as per the First Information Report, is that the police got secret information that two male persons and one lady have been caught in the house situated in mohalla Jalalpur in compromising position, went to the place of occurrence where the villagers handed over the petitioner, one another person, namely, Punjabi Sharma and one lady, namely, Rinki Kumari, to the police. It has further been alleged that upon query, the lady, Rinki Kumari, told the police that the

Patna High Court CR. MISC. No.48842 of 2021(3) dt.28-04-2022 2/3 house owner, namely, Sudhir Kumar (petitioner), had called her by giving her promise to pay some money and left her with coaccused Shravan Kumar and Punjabi Sharma. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that the petitioner is not the owner of the house in question; rather the same belongs to his brother. He further submits that co-accused Shravan Kumar Yadav has been granted bail by this Court vide order, dated 03.02.2022, passed in Criminal Misc. No. 43672 of 2021. He further submits that the petitioner is in custody since 06.04.

2021, having no criminal antecedent and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Patna High Court CR. MISC. No.48842 of 2021(3) dt.28-04-2022 3/3 06.04.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nalanda, in connection with Sohsarai Police Station Case No. 72 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √