Shambhu Kumar @ Shambhu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59703 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- BHUTAHI District- Sitamarhi ====================================================== Shambhu Kumar @ Shambhu Kumar Sah S/o- Rajkumar Sah VillageShivnagar Ps- Bela Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhutani P.S. Case No. 54 of 2025 dated 01.07.2025 registered for the offences punishable u/s 143(4) of the B.N.S.

3. As per the prosecution case, on 30.06.2025, the informant along with S.S.B. Official was on day patrolling, he received information that two minor boys from Nepal were carried by two persons to Ludhiana for labour work through village Dostiya upon which the informant along with the official reached the place of occurrence, he saw two minor boys and two major persons in an Auto which was stopped by them and on

Patna High Court CR. MISC. No.59703 of 2025(2) dt.27-08-2025 2/3 interrogation, both the minor boys told that they have been carried by Shambu Kumar and Vimlesh Kumar to Ludhiana for tailoring work. The informant informed high police officers and brought the apprehended persons to the camp and thereafter, handed them over to the S.H.O. Bhutani police station.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that from perusal of the impugned order, it appears that it is not a case of trafficking of the child, in fact the mother of the victim namely, Sumitra Kumari has filed a petition in the concerned learned court on 29.07.2025, stating therein that her son namely, Vikram Sah was going to visit his relative's place by Tempo and nobody was taking him away for work. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.07.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.59703 of 2025(2) dt.27-08-2025 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Bhutani P.S. Case No. 54 of 2025, with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T