Vikash Kumar v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31203 of 2022 Arising Out of PS. Case No.-592 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Vikash Kumar Son of Chhathu Sahni Resident of Village - Badanpur Milki, P.S. - Mahua, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate :

Mr. Rajeev Ranjan, Advocate For the Vigilance :

Ms. Archana Palkar Khopde, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the Vigilance.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Vigilance (Saran) Muffasil P.S. Case No. 592 of 2021 registered for the offence under Sections 7 and 12 of the Prevention of Corruption Act.

The accused/petitioner is named in the F.I.R. and is in custody since 05.05.2022.

The allegation against the petitioner is to accept bribe of Rs.300 and 500 from two persons for issuing character

Patna High Court CR. MISC. No.31203 of 2022(2) dt.23-08-2022 2/3 certificate, while posted as a constable at the centre. Learned counsel appearing on behalf of the petitioner submitted that, admittedly, application for character certificate was requested online, which is created by concerned and revert back to the applicants online, having no occasion to visit the service centre and further attributing any role of this petitioner for issuing the same. It is submitted that there is no recovery of alleged money and, it is not to be equated as a trap case. It is further submitted that nothing surfaced during the course of investigation, which may incriminate the petitioner with the present allegation, who is a man of clean antecedent.

While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned counsel appearing on behalf of the Vigilance, while opposing the prayer of bail, fairly conceded that it is not a case of recovery of alleged currency notes, in terms of allegation.

In view of the facts and circumstances, as mentioned above, as nothing surfaced/recovered during the course of investigation, which may connect the petitioner, prima facie, with the present allegation coupled with the fact that petitioner

Patna High Court CR. MISC. No.31203 of 2022(2) dt.23-08-2022 3/3 is a man of clean antecedent, where chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Vigilance (Saran) Muffasil P.S. Case No. 592 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Muzaffarpur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T