Dinesh Kumar Singh v. The State Of Bihar Through Vigilance
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58806 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -KIUL RAIL P.S. District- LAKHISARAI ====================================================== Dinesh Kumar Singh, Son of Late Rajwanshi Singh, resident of VillageGahai, P.S.- Dhaka, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar through Vigilance .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Amit Kumar, Advocate Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) Mr. Amresh Kumar, A.C. to Law Officer, Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Kiul G.R.P. P.S. Case No. 19 of 2017 instituted for the offences under Sections 50/52 of the Bihar Prohibition and Excise Act, 2016. Subsequently Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 was also added. Allegation against the petitioner who is constable in Railway Police is that he after taking the bribe from the persons, who were alleged to have been caught with illicit liquor, released them with the said liquor.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case only on the basis of
Patna High Court Cr.Misc. No.58806 of 2017 (2) dt.22-12-2017 2/2 confessional statement of accused persons, who were apprehended with the illicit liquor. It is further submitted that one complaint case is pending against the petitioner in which he is on bail. Learned counsel appearing on behalf of the vigilance has opposed the prayer for bail.
Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance -I, Patna, in connection with Special Case No. 87/2017/3A/2017 arising out of Kiul G.R.P. P.S. Case No. 19 of 2017.
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.
(Mohit Kumar Shah, J) S.Sb/- U T