Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31949 of 2021 Arising Out of PS. Case No.-229 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== AMIT KUMAR Son of Rajender Mandal Resident of Village- Dahiyar, P.S.- Hathauri, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul, Mr. Anuj Kumar, Advocates.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-03-2022 Heard Mr. Ansul, learned counsel for the petitioner and Mr. Mukesh Kumar Singh, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Sasaram (Mufassil) PS Case No. 229/2019 registered for the offence punishable under Sections 384/34 of the IPC and Section 7 of Prevention of Corruption Act.

As per First Information Report, the petitioner, who is a constable along with other police personnel, was on duty on highway where he started taking money from the tractors loaded with sand and a video to this effect was made viral in which the petitioner was standing near the police vehicle and was handing over the money to his officers sitting in the jeep. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.31949 of 2021(4) dt.09-03-2022 2/2 and during course of investigation authenticity of the video has not been verified from the Forensic Science Laboratory. He further submits that the amount which was being given by the petitioner to his officers is not ascertainable and the petitioner has got no criminal antecedent from before and he is in custody since 24.03.2021. The charge-sheet, in the matter, has been submitted.

Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that charge sheet has been submitted in the matter, there is no likelihood that the petitioner will abscond or will tamper with the evidence, he is in custody since 24.03.2021, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, AMIT KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Patna in connection with Sasaram (Mufassil) PS Case No. 229/2019. (Anil Kumar Sinha, J) perwez U T