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Patna High CourtCR. MISC./50134/2017bail granted

Shivji Pandit @ Shiv Jee Pandit v. State Of Bihar And ANR

2017-10-18Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50134 of 2017 Arising Out of PS.Case No. -229 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Shivji Pandit @ Shiv Jee Pandit Son of Manager Pandit Resident of village Jaharnathpur, P.S.- Jamo Bazar, District- Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Vigilance Investigation Bureau, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Mr. Kundan Kumar For the Vigilance. : Mr. Rakesh Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-10-2017 Seen the office note.

On perusal of the title of the Charges (Annexure-2), it appears that in the said document, name of the P.S. has been written as Sadar P.S. while in the F.I.R. as Mufassil P.S., but the P.S. case number as mentioned in the Annexure-2 and in the F.I.R. and nature of case and its number mentioned in the aforesaid documents as Special Case no. 19 of 2017 is same. Hence, the aforesaid defect is ignored.

Heard learned counsel for the petitioner and learned counsel for the Vigilance.

The petitioner seeks bail in connection with Special Case no. 19 of 2017 arising out of Siwan Mufassil P.S. Case no.

Patna High Court Cr.Misc. No.50134 of 2017 (2) dt.18-10-2017 2/3 229 of 2017 registered for the offence punishable under Section 420/120-B of the Indian Penal Code.

The petitioner along with two other persons are said to have made an attempt to bribe the informant A.S.I. and the S.D.P.O. to change the supervision note of Panchrukhi P.S. Case no. 102 of 2017 in favour of the accused persons of the said case and was arrested with Rs. 1, 15,000/- It is submitted by the learned counsel for the petitioner that the petitioner has no concern with the accused of the aforesaid case. As a matter of fact, he had gone to do marketing taking the aforesaid money on the occasion of marriage of his daughter and was arrested by the police and roped in this case without any rhyme and reason. The petitioner has been languishing in custody since 26.05.2017. Earlier, his bail prayer was rejected by this Court with liberty to renew the same after four months or after framing of charge, whichever is earlier. Now, the charge in the case has been framed on 23.08.2017.

Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance,

Patna High Court Cr.Misc. No.50134 of 2017 (2) dt.18-10-2017 3/3 North Bihar, Muzaffarpur in connection with Special Case no. 19 of 2017 arising out of Siwan Mufassil P.S. Case no. 229 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T