Pawan Kumar Rai @ Pawan Kumar @ Pawan Kumar Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 47776 of 2022 Arising Out of PS. Case No.-880 Year-2014 Thana- SAHARSA SADAR District- Saharsa ====================================================== Pawan Kumar Rai @ Pawan Kumar @ Pawan Kumar Roy S/o Late Ram Bishwas Rai Resident of Mohalla - Batraha, Bhartiya Nagar, Ward No. 27, P.s.- Saharsa, District - Saharsa. At present Resident of Village - Dumri, Ward No. 2, P.S.- Patori, O.P.- Mohanpur, district - Samastipur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-11-2022 Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Saharsa P.S. Case No. 30 of 2014 (CIS No. 03 of 2015) arising out of Saharsa P.S. Case No. 880 of 2014 lodged under Sections 366 (A)/34 of the I.P.C. and Section 8 of POCSO Act. Learned counsel for the petitioner submits that petitioner moved for regular bail which was granted vide order dated 15.06.2015 in Cr. Misc. No. 18423 of 2015 annexed in annexure-1 after furnishing the bail bond, he went outside of the State for earning, as his learned counsel assured him that whenever petitioner's presence shall be required learned counsel will inform him. Learned counsel for the petitioner submits that after lock-down, when petitioner returned to work, he got to know that his bail bond had been cancelled on 09.07.2015. He further submits that the petitioner is inclined to follow all the
Patna High Court CR. MISC. No. 47776 of 2022(2) dt.24-11-2022 2/2 conditions, including that he will appear everyday before the Court and in case he not appears even a single day then his bail bond may be cancelled.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, with this condition that petitioner shall appear on each and everyday in this case till ends of trial, he is directed to be released let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Seesions Judge-VI cum Special Judge (POCSO), Saharsa in connection with Saharsa P.S. Case No. 30 of 2014 (CIS No. 03 of 2015), subject to the conditions as laid down under Section 437(3) of Cr.P.C.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ashishsingh/- U T