Dheeraj Kumar Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5109 of 2022 Arising Out of PS. Case No.-734 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== Dheeraj Kumar Goswami S/o Khedu Goswami R/o village- Khriki Ghat, P.S.- Sasaram (Town), District- Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vigilance Department, Government of Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar For the Vigilance : Ms. Archana Palkar Khopde For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Sasaram Town P.S. Case No. 734 of 2021 corresponding to Special Case No. 37 of 2021, registered for the offence punishable punishable under Section 384/34 of the Indian Penal Code and section 50 read with section 52 of the Bihar Prohibition and Excise Act, 2016 and section 7/13 of the Prevention of Corruption Act. Name of petitioner transpired in this case on the basis of confessional statement of co-accused Rajeev Kumar who was apprehended by the police while taking bribe. It is submitted that petitioner is only said to have one of the conspirators and no money has been recovered from his

Patna High Court CR. MISC. No.5109 of 2022(2) dt.04-04-2022 2/2 possession. Save and except confessional statement of coaccused there is no material to show his involvement in the alleged occurrence. Similarly situated co-accused have been granted bail by this Court vide order dated 29.03.2022 passed in Cr. Misc. No. 1577 of 2022 and dated 07.03.2022 passed in Cr. Misc. No. 69168 of 2021. Petitioner is in custody since 14.09.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Counsel for the Vigilance Department vehemently opposed the bail application.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Vigilance, Patna in connection with Sasaram (Town) P.S. Case No. 734 of 2021 corresponding to Special Case No. 37 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T