Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39850 of 2020 Arising Out of PS. Case No.-341 Year-2020 Thana- KOTWALI District- Patna ====================================================== KUNDAN KUMAR Son of Late Vinay Kumar Resident of MohallaBrahmsthan, Kurthaul, P.S.- Parsa, Distt- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ramakant Sharma, Senior Advocate.

Mr. Rakesh Kumar Sharma, Advocate.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 4 (a) (b), 5 (d) & 9 of the Immoral Traffic Prevention Act.

The prosecution case, in brief, is that the petitioner is said to have been taken away the informant for doing business of immoral traffic in association of his associates.

Patna High Court CR. MISC. No.39850 of 2020(2) dt.17-02-2021 2/2 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is a diploma holder in Civil Engineering. He is handicapped person and suffers 40% disability. The informant in her statement given under Section 164 Cr.P.C. has not taken the name of the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 28.08.2020. 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 Judicial Magistrate 1st Class, Patna in connection with Kotwali P.S. Case No.341 of 2020.

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