Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 23529 of 2020 Arising Out of PS. Case No.-52 Year-2020 Thana- KISHANGANJ District- Kishanganj ====================================================== DEEPAK KUMAR S/o Ranvijay Singh Resident of Keyal, P.S-Karapi, District-Arwal (Bihar).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Rama Kant Singh, Advocate For the Opposite Party/s :

Mr Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 16-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Kishanganj Police Station (for brevity, PS) Case No 52 of 2020 dated 30.01.2020 (Special Vigilance Case No 2 of 2020) instituted for the offence punishable under Section (s) 7 (a)/7 (A) of Prevention of

Patna High Court CR. MISC. No.23529 of 2020(3) dt.16-09-2020 2/3 Corruption Act, 1988.

As per prosecution case, the petitioner has been apprehended while trying to bribe Constable Ajeet Singh for getting him enrolled/qualified in the examination for selection of Constables being conducted at the Border Security Force Campus.

It is submitted by the petitioner's counsel that the petitioner has been apprehended merely on suspicion. He had gone to the premises along with his cousin for returning the money which he had earlier taken on loan.

It is specifically stated in paragraph 7 of the petition that he was not applicant in the process of selection. He is a student who is appearing for other competitive examination and has no criminal antecedent. It is further submitted that the petitioner is in custody since 31.01.2020.

The learned APP for the State has opposed the prayer for bail. It is submitted that petitioner is one amongst others who has upset the selection process by his illegal actions. Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.23529 of 2020(3) dt.16-09-2020 3/3 Additional Sessions Judge I -cum- Special Judge, Vigilance (Trap), Bhagalpur in Kishanganj PS Case No 52 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T