Paras Nath Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51416 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== PARAS NATH PATEL SON OF LATE CHANDU RAUT RESIDENT OF VILLAGE- LAKSHMIPUR SHEOHAR, WARD NO. 10, P. S. -SHEOHAR DISTT- SHEOHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 3, 4, 5 and 7 of the Immoral Traffic Act.
3. The allegation against the petitioner is that he indulged in immoral trafficking along with other co-accused persons being owner of the Jay Bharat Rest House, where on raid one male and female were found in compromising position and also recovered certain objectionable materials.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.51416 of 2023(2) dt.11-08-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot and he is an old and sick person. The name of the petitioner has come into light, on the basis of confessional statement of coaccused Santosh Kapar, which has got no evidentiary value in the eyes of law. He submitted that petitioner is neither the owner nor the Manager of the hotel in question and has no concern with the said hotel. Nothing incriminating articles have been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused, who was the owner of the said hotel has already been granted bail by a Co-ordinate Bench vide order dated 24.07.2023 passed in Cr. Misc. No. 44259 of 2023. He is languishing in judicial custody since 30.05.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.51416 of 2023(2) dt.11-08-2023 3/3 satisfaction of the learned Court below in connection with Sheohar P.S. Case No. 63 of 2023.
(Sunil Kumar Panwar, J) arish/- U T