Patna High Court – Orders
Md. Shambhu Alam @ Md. Shambhu @ Shambhu … vs The State Of Bihar on 10 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81847 of 2024
Arising Out of PS. Case No.-1419 Year-2023 Thana- KHAJANCHI HAT District- Purnia
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Md. Shambhu Alam @ Md. Shambhu @ Shambhu Alam, Male, aged about
55 years, Son of Late Khattar Miya Resident of Abdullah Nagar, PS- Sadar,
District- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shyamnandan Yadav, Son of Sitaram Yadav, R/o- S.H.O. P.S.- K. Hat, Dist.-
Purnea.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Md Fazle Karim, Advocate
For the Opposite Party/s: Mrs. Pushpa Sinha, APP
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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 10-04-2025
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with K. Hat
(Maranga) P.S. Case No. 1419 of 2023 instituted for the of-
fences under Sections 346, 367, 370, 370(A), 372, 373, 376,
120(B)/34 of the Indian Penal Code, Sections 4, 6, 12 and 17 of
the POCSO Act, Sections 3, 4, 5 and 6 of the Immoral Traffic
(Prevention) Act and Sections 75 and 79 of Juvenile Justice Act.
3. The prosecution case is that the FIR named accused
persons including this petitioner were involved in trafficking of
children and while the raid was conducted one Nazma Khatoon
who was involved in human trafficking was apprehended and
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one minor girl was also recovered from the house of said Nazma
Khatoon.
4. It is submitted by learned counsel for the petitioner
that the specific allegation is upon Nazma Khatoon and even
considering her statement the petitioner is said to have associa-
tion with Nazma Khatoon but there is no specific allegation
against the petitioner to have been directly involved in traffick-
ing of children. It is further submitted that no victim has come
forward to state that the petitioner was in any way involved in
the alleged crime. It has also been submitted that similarly situ-
ated co-accused person namely Akbar @ Chhotu Chaiwala @
Md. Akbar has been granted anticipatory bail by a Co-ordinate
Bench of this Court vide order dated 02.07.2024 passed in Cr.
Misc. No. 33017 of 2024 and the apprehended accused persons
in the present case have already been granted bail by various or-
ders passed by a Co-ordinate Bench of this Court which has
been annexed as Annexure-4 series of the bail application. It is
lastly submitted that the petitioner is in custody since
08.10.2024 and, as such, he should be granted benefit of bail.
5. Learned A.P.P. for the State has vehemently op-
posed the prayer for bail of the petitioner and has submitted that
petitioner is involved in trafficking of minor girl and she has
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been recovered from the house of Nazma Khatoon, hence, the
privilege of bail should not be granted to the petitioner.
6. Considering the aforesaid submissions of learned
counsel for the petitioner and the fact that the petitioner was not
apprehended at the place of occurrence and there is no specific
allegation of him being directly involved in human trafficking as
also the fact that similarly situated co-accused persons have
been granted bail by a Co-ordinate Bench of this Court vide An-
nexure-4 series, I am inclined to grant the privilege of bail to the
petitioner. The petitioner, abovenamed, is directed to be released
on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the satis-
faction of the learned Additional Sessions Judge-VI-cum-Spe-
cial Judge (POCSO), Purnea in connection with Special Case
No. 38 of 2024 arising out K. Hat (Maranga) P.S. Case No. 1419
of 2023, subject to the the following conditions:-
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date fixed by the
Court below, if so required by the learned Trial
Court.
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(iii) In case of absence on two con-
secutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable
to be canceled by the Court concerned.
(iv) If the petitioner is found to be
engaged in any other incident of similar nature
the prosecution shall be at liberty to approach
the learned Court below for cancellation of bail
of the petitioner.
(Sourendra Pandey, J)
Vikash/-
U T