Patna High CourtCR. MISC./12008/2023allowed

Chhotey Lal v. The State Of Bihar

2023-05-17Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12008 of 2023 Arising Out of PS. Case No.-65 Year-2022 Thana- VIGILANCE District- Patna ====================================================== Chhotey Lal Son Of Late Sitaram Ray R/O Mohalla- B.K. Dutta Lane, Jakkanpur, P.S.- Jakkanpur, District- Patna-1 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Sinha, Advocate For the Opposite Party/s :

Mr. Arvind Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Special Case No. 81 of 2022 arising out of vigilance P.S. Case No. 65 of 2022, registered for the offences punishable under Section 7 (a) of the P.C. Act.

As per the prosecution case, the allegation against the petitioner is that he took the bribe money from the complainant and after counting the same handed over to coaccused who was also present near the place of occurrence. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence and his name is not in the F.I.R. There is no allegation of demand of bribe by the petitioner and no part of the said bribe money has

Patna High Court CR. MISC. No.12008 of 2023(2) dt.17-05-2023 2/2 been recovered from the possession of the petitioner. The petitioner was not known to the complainant. Petitioner is a constable having no criminal antecedent and is in jail custody since 13.12.2022. Further, he submits that charge in this case has already been framed by the learned Court below. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Vigilance, Patna in connection with Special Case No. 81 of 2022 arising out of vigilance P.S. Case No. 65 of 2022.

(Sunil Dutta Mishra, J) ashutosh/- U T