Sujeet Kumar Viswakarma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16648 of 2024 Arising Out of PS. Case No.-88 Year-2023 Thana- TARAPUR District- Munger ====================================================== Sujeet Kumar Viswakarma, S/o Rajendra Prasad Vishwakarma, Resident of Village- Purabsarai, P.S. Kotwali, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-06-2024 Heard Mr. Shivendra Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Sunil Kumar Pandey, learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Tarapur P.S. Case No. 88 of 2023, registered for the offences punishable under Sections 341, 323, 420, 120(B), 504, 506 and 34 of the Indian Penal Code.
3. Based upon the written report, the prosecution alleges that the petitioner who happens to be the Data Entry Operator in collusion with all the F.I.R. named accused persons, including the Head Clerk of Sub Registry Office, Tarapur are found indulged in rampant corruption and misappropriation of government revenue by getting the residential land registered, showing it as an agricultural land and in this way, caused huge loss to the government exchequer due to less stamp fee taken below the
Patna High Court CR. MISC. No.16648 of 2024(3) dt.21-06-2024 2/3 M.V.R. Rate.
4. Learned counsel representing the petitioner contended that the informant himself had been working as a Stamp Vendor and he had a political background has lodged the F.I.R. in collusion with the land mafias only in order to put pressure upon the employees of the registry office for registration of the wrong sale deeds. It is further contended that the petitioner is only obliged to enter the data after being verified by the Head Clerk and he is not in any way responsible for misappropriating the government revenue by getting the residential land registered, showing it as an agricultural land. Further submission has been made that co-accused Syed Jaya Uddin @ Syed Md. Jayauddin who has been working as Head Clerk in Sub Registry Office, Tarapur, has been allowed anticipatory bail by this Court in Cr. Misc. No.
2164 of 2024 vide order dated 31.01.2024. Referring to the prosecution case, it is also submitted that the entire allegation revolves around the brokers, who have threatened the informant and they have already been allowed the privilege of anticipatory bail by the court below itself.
5. On the other hand, learned counsel for the State vehemently opposed the bail application and submits that the complicity of the petitioner cannot be denied as the entire entry has been made by the petitioner and he has never made any protest
Patna High Court CR. MISC. No.16648 of 2024(3) dt.21-06-2024 3/3 against the rampant corruption in the Sub Registry Office, Tarapur.
6. Regard being had to the submissions made on behalf of the parties and considering the limited role of the petitioner and the fact that co-accused person who has been discharging the duty of Head Clerk in Sub Registry Office, Tarapur, has been allowed the privilege of anticipatory bail by this Court; and the brokers against whom there was serious allegation of threatening the informant, have also been allowed bail by the learned court below, coupled with the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III-cum-Sub Judge-IV, Munger in connection with Tarapur P.S. Case No. 88 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) lata/- U T