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Patna High CourtCR. MISC./19742/2023allowed

Ajit Kumar @ Ajit Kumar Singh v. The State Of Bihar

2023-05-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19742 of 2023 Arising Out of PS. Case No.-68 Year-2022 Thana- VIGILANCE District- Patna ====================================================== AJIT KUMAR @ AJIT KUMAR SINGH SON OF LATE BRIJAN SINGH RESIDENT OF VILLAGE - RAJAPAKAR, P.S. - RAJAPAKAR, DISTT. - VAISHALI.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

VIGILANCE INVESTIGATION BUREAU, PATNA BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 7(a) of the Prevention of Corruption Act.

As per prosecution case, the informant instituted a complaint to the Vigilance alleging therein that he applied for the electricity connection. The informant went to the Electricity Supply Division, Muzaffarpur, where he met Executive Assistant, namely Ajit Kumar @ Ajit Kumar Singh (petitioner) and requested for electricity connection, who demanded Rs. 6,000/- and promised to provide the connection within a week.

Patna High Court CR. MISC. No.19742 of 2023(2) dt.19-05-2023 2/3 Despite his repeated request, the petitioner refused to provide the electricity connection unless bride is paid. He verified and stated that the petitioner had in fact demanded money. A Pretrap memorandum was made and raid was conducted. The petitioner was allegedly caught with Rs. 6,000/-. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner is a Data Entry Operator. He has no role to play in the allotment of electricity connection. He submitted that no work of complaint related to electricity line connection was pending with the petitioner and moreover, he has no role at any level of the process for granting the electricity connection.

He further submitted that the one Shubham Kumar Jha, who is witness no. 2 in the post-trap memorandum was working as a franchisee for Gram Panchayat, who has conspired to implicate the petitioner. He has taken a loan from petitioner and on demand he created the story. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 28.12.2022.

The application for bail is opposed by learned Special P.P. for the Vigilance and learned APP for the State.

Patna High Court CR. MISC. No.19742 of 2023(2) dt.19-05-2023 3/3 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 after framing of charge. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Vigilance, Muzaffarpur in connection with Vigilance P.S. Case No. 68 of 2022.

(Sunil Kumar Panwar, J) arish/- U T