Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39877 of 2020 Arising Out of PS. Case No.-102 Year-2020 Thana- TATARPUR District- Bhagalpur ====================================================== SHASHI KUMAR SON OF JANARDAN PODDAR RESIDENT OF VILLAGE - BALWACHAK, P.S- JAGDISHPUR, DISTRICTBHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Tatarpur P.S. Case No.102/2020 (GR No.3016/2020) registered for the offence punishable under Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956.

As per the prosecution case, it is a case of illegal flesh trade against cash payment being operated in a Hotel. Petitioner is the Attendant/Manager of the Hotel.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and has not committed any offence as alleged in the FIR. No incriminating article has been recovered from his conscious physical

Patna High Court CR. MISC. No.39877 of 2020(3) dt.19-03-2021 2/2 possession. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that there is no eye witness in the case nor there is specific allegation against the petitioner. He is working as Attendant/Manager on the basis of daily wages and he has no concern with the illegal activity. It is further submitted that one of the apprehended accused namely Md. Sarfaraz has already been enlarged on bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 08-02-2021 passed in Cr.Misc. No.37907 of 2020. The petitioner has no criminal antecedent and has been languishing in custody since 27.07.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below in connection with Tatarpur P.S. Case No.102/2020 (GR No.3016/2020).

(Anjani Kumar Sharan, J) pallavi/- U T