Kanhaiya Ji, Personal Advisor @ Kanhaiya Kumar v. The State Of Bihar Through The Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39551 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- C.B.I CASE District- Bhagalpur ====================================================== KANHAIYA JI, PERSONAL ADVISOR @ KANHAIYA KUMAR Son of Arban Singh Resident of Mohalla- Hajipur Tola, P.O.- Garhara, P.S.- Barauni, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Chandra, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in connection with Special Vigilance Case no.3 of 2021 (arising out of Vigilance Case no.2 of 2021) registered under section 7(a) and (A) of the Prevention of Corruption Act. As per the prosecution case, it is stated by the informant that his wife who is a member of the Ward was allotted Rs.1.33 lacs(approx) under a scheme for construction of road. However, Manoj Kumar Choudhary was demanding a sum of Rs.10,000/ for releasing the said amount. It is further stated that on a raid being conducted, it was the petitioner herein who accepted the bribe amount of Rs.10,000/ and handed over the

Patna High Court CR. MISC. No.39551 of 2021(3) dt.21-01-2022 2/2 same to the co-accused Manoj Kumar Choudhary. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He has no concern with the work in question. He is in custody since 23.1.2021 and chargesheet has been submitted in the case. He has no criminal antecedent.

The application for bail is opposed by learned counsel for the Vigilance Department.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the post trap memorandum, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Partha Sarthy, J) Saurabh/- U T