Sharwan Kumar Sharma @ Sharwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27005 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Sharwan Kumar Sharma @ Sharwan Kumar son of Suresh Prasad Sharma Village- Dauna Baghechappar Ps- Shahkund Dist- Bhagalpur A/P- Naya Tol Naugachhiya Ps- Naugachhiya Dist- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Vigilance TRAP, Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sadanand Paswan For the Opposite Party/s :

Mr. Ram Sevak Choudhary For the Vigilance :

Mrs. Archana Palkar Khopde ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner, learned counsel for the Vigilance and learned A.P.P. for the State. 2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 420 of the IPC and Section 7 of Prevention of Corruption Act.

3.

As per the prosecution case, the petitioner demanded Rs.40,000/- from one Usha Devi and Dono Devi, who are the applicants of mutation case no.381/2022-23 and 3782/2022-23. One Kumud Kumar recorded his conversation with the petitioner in his mobile but the petitioner deleted the said recording.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence

Patna High Court CR. MISC. No.27005 of 2024(3) dt.26-04-2024 2/2 as alleged in the FIR. He has been falsely implicated in this case due to enmity. There is general and omnibus allegation against the petitioner. He submits that earlier the bail application of the petitioner was rejected by this Court with a direction to the petitioner to surrender before the learned court below but learned court below rejected the regular bail application of the petitioner. The petitioner has no criminal antecedent and has been rotting in judicial custody since 04.03.24. 5.

Learned APP for the State as well as learned counsel for the Vigilance opposed the prayer for bail.

6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Naugachhiya P.S. Case No.206 of 2023.

(Anjani Kumar Sharan, J) shikha/- U T