Harendra Singh v. The State Of Bihar Through The Vigilance
Patna High Court Cr.Misc. No.7785 of 2017 (5) dt.08-04-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7785 of 2017 Arising Out of PS.Case No. -41 Year- 2016 Thana -C.B.I CASE District- PATNA ====================================================== Harendra Singh son of Late Baijnath Singh, R/o- village/Mohalla- Belhauri, P.S.- Dulhin Bazar, District, Patna .... .... Petitioner/s
Versus
The State of Bihar Through The Vigilance .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Rabindra Kumar, A.C. to (L.O., Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-04-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Special Case No. 21 of 2016 arising out of Vigilance P.S. Case No. 41 of 2016, disclosing offences under Sections 420, 409, 467, 468, 471, 120B of the Indian Penal Code and Section 13(2) read with Section 13(1)(c)(d) of the P.C. Act, 1988. Learned counsel for the petitioner has submitted that the petitioner happens to be a Clerk in the Transport Department has no concern with the alleged racket. In fact, the petitioner, being the Clerk, has performed his duties under the direction of the D.T.O. and the M.V.I. who were the authority to impose fine on the vehicle engaged in illegal transportation. Besides that, the petitioner was not on duty when the raid was conducted.
Patna High Court Cr.Misc. No.7785 of 2017 (5) dt.08-04-2017 Moreover, co-accused, Rakesh Kumar Gupta, having more or less similar allegation, has also been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 38413 of 2016. Hence, the petitioner, who is of clean antecedent, also deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-1st, Patna, in connection with Special Case No. 21 of 2016 arising out of Vigilance Case No. 41 of 2016, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T