Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73842 of 2025 Arising Out of PS. Case No.-272 Year-2025 Thana- Marnga District- Purnia ====================================================== 1.

Shivam Kumar S/o Birju Lal Mahto R/o Village - Ward No. 08, Simariya, P.S - Pothiya, District - Katihar, Bihar 2.

Sunil Kumar S/o Naresh Mandal R/o Village - Ward No. 08, Simariya, P.S - Pothiya, District - Katihar, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kamal Chetri S/o Prem Bahadur Chetri R/o Village - Resep Bazar, Ward No. 4, P.S - Rangali, District - Darjeeling (West Bengal) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. NK Agrawasl, Sr. Adv.

Mr. Kumar Rajdeep, Adv.

Mr. Saraj Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr. Sadanand Paswan, Spl,PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-11-2025 Heard the parties.

2. The petitioners seeks bail in connection with Maranga P.S. Case No. 272 of 2025 registered for the offence under Sections143, 145, 144, 64, 70, 61(2), 3(5) of BNS and Section 3, 4, 5, 6 of the Immoral Traffic Prevention Act, Section 4, 6, 8, 12 and 17 of POCSO Act and Section 75 and 79 of Juvenile Justice (Care and Protection Act) and Section 3(2)(v)(va) of the SC/ ST (POA) Act.

3. The petitioners are named in the F.I.R. and they are in custody since 09.08.2025.

Patna High Court CR. MISC. No.73842 of 2025(2) dt.04-11-2025 2/3

4. As per FIR, the raid was conducted in red light area of Purnea from where 9 male and 3 female was arrested out of which 2 was minor. The petitioners further alleged to visit that area occasionally as per FIR.

5. Mr. NK Agrawal, learned senior counsel appearing on behalf of the petitioners submitted that none of the victim as alleged to be recovered during the raid stated anything incriminating against these petitioners where the maximum allegation raised against these petitioners is to visit red light area occasionally as customer. It is submitted that as petitioners are the resident of nearby area, they visited the place but meantime coincidentally they were apprehended by police without having any cogent material. While concluding the argument, it is submitted that petitioners are men of clean antecedent.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factual submission and by taking note of fact as recovered alleged victims, who said to be minor stated nothing incriminating against these petitioners, coupled with fact that petitioners remains in

Patna High Court CR. MISC. No.73842 of 2025(2) dt.04-11-2025 3/3 custody since 09.08.2025, accordingly, both above named petitioners are directed to be released on bail in connection with Maranga P.S. Case No. 272 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Special Judge, Purnea /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T