Vikky Yadav @ Vikki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46868 of 2023 Arising Out of PS. Case No.-1175 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Vikky Yadav @ Vikki Yadav Son Of Suresh Prasad Yadav Resident Of Village - Purani Dyodhi, Police Station - Barari, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 370, 370A, 120B and 34 of the Indian Penal Code and Sections 3, 4, 5, 6 and 7 of the Immoral Traffic Prevention Act and Sections 18C/27(B)(ii)/28/28(A) and 36AC of Drugs and Cosmetics Amendment Act.

3. According to prosecution case, it is alleged that coaccused, namely, Rukhsar along with one other co-accused trapped the girls on some pretext and got involved the girls in the work of prostitution. On being searched the house of this petitioner, 131 bottle of prohibited cough syrup and other

Patna High Court CR. MISC. No.46868 of 2023(3) dt.29-11-2023 2/3 articles have been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no specific allegation of any overt act against this petitioner rather general and omnibus allegation has been levelled against all the accused persons including this petitioner. Nothing has been recovered from the conscious possession of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by another co-ordinate Bench of this Court vide Annexure-2 and 3 of this petition. Moreover, the petitioner is languishing in judicial custody since 12.12.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kotwali (Barari) P.S. Case No. 1175 of 2022 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.46868 of 2023(3) dt.29-11-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist-cumSpecial Judge( Drug and Cosmetics Act), Bhagalpur. (Sunil Kumar Panwar, J) Shubham/- U T