Dhiraj Kumar v. The State Of Bihar Through Vigilance Cell
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35781 of 2016 Arising Out of PS.Case No. -251 Year- 2016 Thana -KADAMKUAN District- PATNA ======================================================
1. Dhiraj Kumar son of Chanchal Yadav, Village+P.O.- More, P.S.- Mokama, Distt- Patna.
.... .... Petitioner/s
Versus
The State of Bihar Through Vigilance Cell .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Kedan Singh, A.C. to L.O,I/C Vigilance ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 323/ 341/342/386/34 of the Indian Penal Code and Section 11 of the Prevention of Corruption Act.
Diary in this case was called for earlier, which has, since been received.
Learned counsel for the petitioner submits that though, a magnified allegation has been made against the petitioner, in fact, the money which was demanded from the said Santosh Kumar has been deposited in the Malkhana after the same was handed over to the informant of the present case. It is submitted that the action of the petitioner was a bonafide discharge of his duties and not otherwise.
Considering the aforementioned facts and circumstances and also because it has come in the case diary that the amount of
Patna High Court Cr.Misc. No.35781 of 2016 (4) dt.03-10-2016 P2/2 rupees 37,500/- which is alleged to have been forcibly taken by the petitioner, has already been deposited in the Court and, thereafter, in the Malkhana, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Vigilance Court, 1st, Patna, in connection with Special Vigilance Case No. 31/2016 (Arising out of Kadamkuan P.S. Case No. 251/2016), subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Anjana Mishra, J) Saif/- U T