Navin Kumar v. The State Of Bihar Through Its Vigilance Department, Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12414 of 2023 Arising Out of PS. Case No.-60 Year-2022 Thana- VIGILANCE District- Patna ====================================================== NAVIN KUMAR S/O LATE KISHORI PRASAD Resident of Village- Durga Ashram Gali, Sheikhpura, Ward nO.- 04, P.S.- Shastri Nagar, District- Patna, Posted as Drug Inspector, Sitamarhi, District- Sitamarhi ... ... Petitioner/s

Versus

The State Of Bihar Through Its Vigilance Department, Govt. Of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned counsel for the vigilance.

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

According to prosecution, the complainant alleged that on 7.11.2022 the petitioner demanded one lac rupees from him and two lacs rupees from another person as bribe. On receiving the said complaint, raiding team of Vigilance Bureau arrested the petitioner with amount of Rs. 2,00,000/- which is alleged to be bribe money.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.12414 of 2023(5) dt.12-07-2023 2/3 falsely been implicated in this case. The petitioner is Drug Inspector, Sitamarhi due to which he has falsely been made an accused in the present case. The petitioner has never demanded any illegal gratification from the complainant nor did he accept any such gratification as alleged by the trap team. It is further submitted vide para-9 of the petition that the search of the residence of petitioner at Sitamarhi as well as Patna was made on same day of post trap Memo on 17.11.2022 but no any chit of paper recovered from house of the petitioner related the alleged pending work of complaint. It is also submitted that the petitioner did not accept any amount given by complainant and Vigilance trap team members forced him at hotel for touch his finger in G.C. Notes.

Nothing has been recovered from possession of the petitioner rather entire allegations are false and concocted against him. The petitioner has got no criminal antecedent as stated in para-3 of the petitioner. Moreover, the petitioner is languishing in judicial custody since 18.11.2022. Learned counsel for the vigilance have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to

Patna High Court CR. MISC. No.12414 of 2023(5) dt.12-07-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge in connection with Vigilance Patna P.S. case No. 60 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Muzaffarpur.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) lata/- U T