Patna High CourtCR. MISC./19986/2020bail granted

Anuj Kumar v. The State Of Bihar

2020-07-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19986 of 2020 Arising Out of PS. Case No.-23 Year-2016 Thana- HARSIDHI District- East Champaran ====================================================== ANUJ KUMAR Son of Shiv Shankar Prasad Resident of Village-Samya Gadh, Police Station-Goshwari, District-Patna. ... ... Petitioner/s

Versus

The State of Bihar 2.

The Vigilance Department, Govt. of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindhyachal Singh, Advocate For the Opposite Party/s :

Mr.Arbind Kumar Spl. PP, (Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-07-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately after the lockdown ends, and in any event within one month thereof.

2. The petitioner apprehends his arrest for the offences alleged under Sections 384, 120(B), 323, 379/34 of Indian Penal Code and Section 8 and 9 of the Prevention of Corruption Act registered in connection with Harsidhi P.S. Case No. 23 of 2016.

3. It is submitted that the petitioner has been falsely implicated in the complaint based FIR in connection with alleged demand of Rs. 5,000/- by way of rangdari/bribe for providing electricity connection in the complainant's shop. It is submitted that except a bald allegation, there is no material to connect the petitioner with the alleged occurrence. After due investigation by the police, final form/report has been submitted before the Court

Patna High Court CR. MISC. No.19986 of 2020(3) dt.01-07-2020 2/2 in which the petitioner has been exonerated, but differing from the same, cognizance has been taken against the petitioner. There is delay of about 20 days in filing the initial complaint on 08.01.2016 for the alleged occurrence of 19.12.2015. The petitioner claims clean antecedents.

4. Learned APP as well as Special PP (Vigilance) appear and have been heard.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Vigilance, Muzaffarpur in connection with Harsidhi P.S. Case No. 23 of 2016 subject to the conditions as laid down under Section 438 (2) Cr.P.C. if they are not otherwise required in any other case.

6. Office shall ensure that all defects have been removed and compliance with the notices of this Court has been made, within the stipulated time as provided in para 1 hereinabove.

(Vikash Jain, J) Chandran/- U T