Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3804 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- VIGILANCE District- Patna ====================================================== SUNIL KUMAR SON OF LATE CHANDRIKA RAM R/O VILLAGEDULMA, TOLA- GOSAIPUR, P.O.- DULMA, P.S.- MADHUBAN, DISTRICT- EAST CHAMPARAN , REVENUE CLERK, GHORASHAN ANCHAL, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

THE VIGILANCE DEPARTMENT, BIHAR PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 7(a) of Prevention of Corruption Act, 1988.

As per allegation in the FIR, petitioner has been caught red handed while accepting the bribe money of Rs. 10,000/- demanded by him from the complainant in lieu of discharge of his official duty and prayed for dismissal of the instant petition. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to oblique motive to harass the petitioner. It is further submitted that complaint was filed on 12.10.2022, verification was done on 17.10.2022

Patna High Court CR. MISC. No.3804 of 2023(3) dt.26-04-2023 2/3 thereafter verification report was submitted by the verifier on 20.10.2022 without any explanation as to why there was delay of more than one week time for submitting the report, which creates doubt in authenticity of the prosecution case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 22.10.2022.

The application for bail is opposed by learned APP for the State and learned counsel appearing for the Vigilance department and they submitted that all formalities of pre-trap and post-trap were followed by the Vigilance Officer and petitioner was caught red handed by them. Pre-trap memorandum and post trap memorandum were prepared on which complainant, witnesses and members of raiding team put their signatures and copies of the same were handed over to the petitioner.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Vigilance), North Bihar, Muzaffarpur in connection with Special Case No. 30/2022 arising out of Vigilance (Patna) P.S. Case No. 55 of 2022.

However, the trial court is directed to make effort to

Patna High Court CR. MISC. No.3804 of 2023(3) dt.26-04-2023 3/3 frame the charge against the petitioner as early as possible. (Sunil Kumar Panwar, J) sushma/- U