Ratneshwar Kumar v. The State Of Bihar,Through The Dept. Of Vigilance Investigation Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25186 of 2021 Arising Out of PS. Case No.-389 Year-2020 Thana- BUXAR District- Buxar ====================================================== RATNESHWAR KUMAR Son of Late Shivjanam Ram Resident of village - Baruna, Bashudhar, P.S.- Itarhi, Distt.- Buxar. ... ... Petitioner/s

Versus

The State of Bihar,through the Dept. of Vigilance Investigation Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhilesh Dutta Verma, Advocate For the Opposite Party/s :

Mrs. Archana Palkar Khopre, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 7, 8 and 9 of the Prevention of Corruption Act, 1988.

The prosecution allegation, in short, is that the

Patna High Court CR. MISC. No.25186 of 2021(4) dt.15-02-2022 2/3 petitioner was involved in taking bribe which became viral through a video.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no complaint made to the Vigilance Department in respect of giving or demanding bribe by the petitioner. The present case has been instituted merely on the basis of video which became viral. Except for this, there is no other substantive evidence to suggest that the petitioner was demanding bribe. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in

Patna High Court CR. MISC. No.25186 of 2021(4) dt.15-02-2022 3/3 covid cases.

Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bonds to the satisfaction of learned Special Judge, Vigilance, Patna in connection with Special Case No. 22/2020 (Vigilance) (arising out of Buxar (T) P.S. Case No. 389/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T