Shankar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14468 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- MORKAHI District- Khagaria ====================================================== Shankar Poddar Son Of Late Yamunna Poddar R/O Vill.- Aguwani, Ward No. 15, P.S.- Parbatta, Distt.- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director General Vigilance Department Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the State :

Mr.Prem Kumar Jha For the Vigilance :

Mr. Rana Vikra Singh, (Spl PP Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner, learned counsel for the vigilance and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 7(a)/8 of the Prevention of Corruption Act.

As per FIR, allegation against the petitioner is of demanding illegal money from one accused to give the him benefit in Morkahi P.S. Case No. 19 of 2022 and the name of the petitioner came into light through a video which has been made viral.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. It

Patna High Court CR. MISC. No.14468 of 2023(2) dt.10-05-2023 2/2 is further submitted that no amount has been exchanged between the petitioner and accused of the said case. There is also no any expert opinion in respect of viral audio clip and nothing has been recovered from conscious possession of the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 3.12.2022.

Learned APP appearing for the state and 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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Morkahi P.S. Case No. 132 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 Addl. District & Sessions Judge-V-Cum-Special Judge Vigilance, Bhagalpur. (Sunil Kumar Panwar, J) Amandeep/- U T