Patna High CourtCR. MISC./46844/2017dismissed

Rajpati Shekhar v. The State Of Bihar Through Its Vigilance Patna

2017-11-10Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.46844 of 2017 (3) dt.10-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46844 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -KIUL RAIL P.S. District- LAKHISARAI ======================================================

1. Rajpati Shekhar (Constable No.6), Son of Sri Surendra Singh, Resident of Village+Post Office- Saidpur, Police Station- Mansi, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar Through Its Vigilance Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,I/C. Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-11-2017 The petitioner seeks regular bail in connection with Special Case No. 03 of 2017, arising out Kiul Rail P.S. Case No. 19 of 2017, registered for offences punishable under Sections 50/52 of Bihar Prohibition and Excise Act and Section 13(1)(d) of Prevention of Corruption Act.

Allegation against the petitioner and other accused person is of taking bribe of Rs. 6600/- and releasing the seized excise materials.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and bribe has been taken by other co-accused of this case. Further he has been in custody for last two and half months.

Learned counsel for the Vigilance Department opposed

Patna High Court Cr.Misc. No.46844 of 2017 (3) dt.10-11-2017 the prayer for bail.

Having heard both sides, considering the fact and circumstances of the case and nature of allegation, at this stage, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, dismissed.

However, the petitioner may renew his prayer for bail after framing of charge in the court below and if any such application is filed the court below after considering the submission of learned counsel for the petitioner and also considering the period of custody as well as materials available on record, shall pass an appropriate order, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T