Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85879 of 2024 Arising Out of PS. Case No.-595 Year-2024 Thana- MADHAURAH District- Saran ====================================================== Deepak Kumar S/o Binod Singh R/o- Dewra purab Tola, PS - Taraiya, DisttSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Madhora P.S. Case No. 595 of 2024 instituted for the offence under Sections 3, 4, 5 & 6 of the Illegal Immoral Traffic (Prevention) Act, 1956.

3.

Prosecution case in short is that during a raid at 'Aditya Hotel', three rooms were found occupied by three men and three women in objectionable conditions, along with condoms and mobile phones. The hotel manager-petitioner, admitted that he rented the room without ID verification. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-10-2024. Petitioner

Patna High Court CR. MISC. No.85879 of 2024(3) dt.27-02-2025 2/3 bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that nothing objectionable items have been recovered from the possession of the petitioner, except one mobile phone, which belongs to him. From perusal of FIR, it is evident that petitioner was found sitting at reception. No register of hotel has been seized, which shows that any wrong entry has been done. Charge sheet is submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Other witnesses have supported the prosecution case, which fact finds mention at paragraph Nos. 6-11 of the case diary. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being no specific allegation against the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhora

Patna High Court CR. MISC. No.85879 of 2024(3) dt.27-02-2025 3/3 P.S. Case No. 595 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T