Siya Sharan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8944 of 2024 Arising Out of PS. Case No.-541 Year-2023 Thana- JAMUI District- Jamui ====================================================== Ashok Kumar Yadav, Aged about 24 years, Male son of Ramswarup Yadav Village-Choudiha, PS-Jamui, District-Jamui ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Superintendent of Police, Vigilance (Bhagalpur), Government of Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21870 of 2024 Arising Out of PS. Case No.-541 Year-2023 Thana- JAMUI District- Jamui ====================================================== Siya Sharan Yadav, Aged about 54 years, M, S/O Late Jagarnath Yadav, R/O Village- Pathakchak, P.S- Sikandara, District- Jamui. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The State of Bihar Through Department of Vigilance, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 8944 of 2024) For the Petitioner/s :
Mr.Pramod Kumar, Advocate Mr. Sunil Kumar Pathak, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :
Mr.Satyendra Prasad, APP For the Vigilance :
Mr. Anil Singh, Law Officer, Vigilance (In CRIMINAL MISCELLANEOUS No. 21870 of 2024) For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Amresh Kumar Sinha, Advocate Mr. Saroj Kumar Choudhary, Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP For the Vigilance :
Mr. Anil Singh, Law Officer, Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioners and learned
2/4 APP for the State.
2. The petitioners seek bail in connection with Jamui P.S. Case No 541 of 2023 instituted for the offences punishable under Sections 409, 420, 120(B), 467, 468, 471 and 353 of Indian Penal Code and later on Sections 406/34 of the I.P.C. read with Sections 7, 7(A), 8 and 13(2) of Prevention of Corruption Act.
3. The prosecution case, in short, is that on 01.09.2023 at 5.10 P.M. a raid was conducted at the house belonging to Jangi Singh Lodge. During raid petitioner Ashok Kumar Yadav was doing work of petitioner Siya Sharan Yadav acting revenue clerk of anchal office, Jamui for doing affairs of halka as Nagar Parishad-14 Kalan and Aghara Baruatta relating to revenue work as mutation, revenue receipt, forwarding the received case and several work with a dishonest manner. Four other persons were present during the raid who on asking told that they have came for disposal of their respective work relating to their land. On inspection digital sign of revenue clerk petitioner Siyasaran Yadav and copies of original revenue receipt, revenue register-2 arranged copies with different manner, illegal collection of amount were also found which were seized.
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4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Nothing incriminating article has been recovered from their possession. Petitioners have got no criminal antecedent and they are languishing in judicial custody since 01.09.2023 and 05.01.2024 respectively.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. From perusal of the case diary, F.I.R. and impugned order dated 03.01.2024 and 17.02.2024, it appears that on the basis of written report of informant Manoj Kumar Singh, Executive Magistrate, Sub-division, Jamui, F.I.R. registered against the petitioners. As per seizure list, several documents were seized from place of occurrence and Rs. 20,000/- was also recovered from the place of occurrence. After completing the investigation, Investigating Officer found the case true under Sections 406, 409, 420, 467, 471, 353, 120(B)/34 of the I.P.C. and Sections 7/7(A), 8, 13(2) of Prevention of Corruption Act,1988 against both the petitioners Ashok Kumar Yadav and Siya Sharan Yadav.
7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and
4/4 seriousness of the case, I am not inclined to grant bail to the petitioners.
8. Prayer for regular bail of the petitioners is hereby rejected.
9. Learned trial Court is directed to conclude the trial within one year from the date of receipt of the order. (Ramesh Chand Malviya, J) lata/- U T