Jay Kumar Singh v. The Vigilance Dept.Govt.Of Bihar ,Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18273 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== JAY KUMAR SINGH Son of Late Jogendar Prasad Singh Resident of Village - and P.O.- Bhaddi, P.S.- Shore bazar, Distt.- Saharsa, at Present A.S.I. Bidupur, P.S and Dist.- Vaishali.

... ... Petitioner/s

Versus

THE VIGILANCE DEPT.GOVT.OF BIHAR ,PATNA Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr. Ashok Kumar, APP Mr.Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and the learned APP appearing for the State. The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 50 of 2020 for the offence punishable under Sections 384, 385 of the Indian Penal Code and Sections 13(a) (d)/15 of the Prevention of Corruption Act. The case of the prosecution in brief is that the petitioner, who is Sub- Inspector of Police, is alleged to have demanded a sum of Rs. 12,000/- for the purposes of not

Patna High Court CR. MISC. No.18273 of 2020(2) dt.04-06-2020 2/3 arresting the accused in connection with Bidupur P.S. Case No. 482 of 2019.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that on account of animosity the petitioner has been falsely implicated in the present case although there is no proof of the petitioner having accepted any amount of bribe. It is further submitted that the petitioner is languishing in custody since 14.02.2020.

The learned counsel for the Vigilance Department has vehemently opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner has not been caught accepting any amount of bribe money and is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on bail upon him furnishing personal bond to the satisfaction of learned Special Judge, Vigilance, Muzaffarpur in connection with Bidupur P.S. Case No. 50 of 2020 corresponding to Special Vigilance Case No. 09 of 2020. It is further directed that once the lock-down is over

Patna High Court CR. MISC. No.18273 of 2020(2) dt.04-06-2020 3/3 and normal situation is restored, the petitioner, above named, shall furnish bail bonds of a sum of Rs. 10,000/- with two sureties of the like amount each, within a period of four weeks, to the satisfaction of learned Special Judge, Vigilance, Muzaffarpur in connection with Bidupur P.S. Case No. 50 of 2020 corresponding to Special Vigilance Case No. 09 of 2020. (Mohit Kumar Shah, J) Tiwary/- U T