Rajesh Kumar v. The Vigilance Investigtion Bureau Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20750 of 2024 Arising Out of PS. Case No.-35 Year-2023 Thana- VIGILANCE District- Patna ====================================================== Rajesh Kumar Son of Late Prayag Yadav Resident of Village- Ora Bagicha, P.S.- Dharhara, District- Munger ... ... Petitioner/s

Versus

The Vigilance Investigation Bureau, Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Ranjan, Advocate For the Opposite Party/s :

Mr. Arvind Kumar, Spl. PP Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned Special Public Prosecutor for the Vigilance.

2. The petitioner seeks regular bail in connection with Special Case No.29 of 2023, arising out of Vigilance P.S. Case No. 35 of 2023, lodged on 22.11.2023, under Section 7(A) of the P.C. Act.

3. As per the prosecution, the FIR has been lodged against the petitioner. There is direct allegation against the petitioner and bribe money has been recovered from his possession and he was caught red handed.

4. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean. Counsel submits that charge sheet has already been filed against the petitioner.

Patna High Court CR. MISC. No.20750 of 2024(2) dt.02-04-2024 2/3 Counsel submits that petitioner is innocent and has committed no offence. Counsel submits that since charge has been framed, no purpose shall be served to keep the petitioner in custody.

5. Learned counsel for the Vigilance opposes the prayer for bail and submits that the petitioner being the enforcing agency of the police has committed such act and that aspect has to be taken into consideration.

6. Upon specific query of the Court, counsel for the petitioner submits that cognizance has already been taken and charge has been framed against the petitioner.

7. In this background that charge has already been framed no purpose shall be served keeping the petitioner into custody, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Patna, in connection with Special Case No.29 of 2023, arising out of Vigilance P.S. Case No.35 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his

Patna High Court CR. MISC. No.20750 of 2024(2) dt.02-04-2024 3/3 bona fide;

(ii) The petitioner shall appear on each and every date before the trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the trial court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the state shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the state shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T