Vijay Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32565 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- VIGILANCE District- Patna ====================================================== VIJAY SHANKAR SAH S/O LATE SITA RAM SAH Resident of VillageLaheriyaganj, Ward No.- 01, P.S.- Madhubani, District- Madhubani, At present SI Tahpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Kumar For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned counsel for the vigilance.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 7(A) of the Bhrastachar Niwarn Act, 1988 and (Amended 2018).

3. As per prosecution case, the petitioner is alleged to have demanded and taken Rs. 10,000/- (ten thousand) as bribe from the informant for arresting the accused persons and sending the case diary.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was neither caught red-handed nor anything has been recovered from his

Patna High Court CR. MISC. No.32565 of 2023(4) dt.24-08-2023 2/2 conscious possession. The informant has made false and fabricated story against the petitioner. The petitioner is a police officer against whom no any complaint was made during his service period. He has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 21.12.2022.

5. Learned counsel for the vigilance has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if charge is not framed in connection with Vigilance P.S. (Patna) 67 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned special Judge Vigilance, Muzaffarpur.

(Sunil Kumar Panwar, J) Amandeep/- U T