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Patna High CourtCR. MISC./30609/2020allowed

Vijay Shankar Ojha v. The State Of Bihar Through Vigilance, Patna

2020-11-24Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30609 of 2020 Arising Out of PS. Case No.-403 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== VIJAY SHANKAR OJHA, S/O- Shri Tarkeshwar Ojha, Resident of Village Dumri, P.S. - Simri, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ambuj Nayan Chaubey, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-11-2020 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Dehri Town P.S. Case No. 403 of 2020 (Special Case No. 8 of 2020) for the offence under Sections 384, 420, 411, 120B of the Indian Penal Code, Section 7/13 of the Prevention of Corruption Act, 1988 and Section 8(1) of the Prevention of Corruption (Amendment) Act, 2018.

Allegation against the petitioner, who is SAP Jawan, is that he was involved in realization of money to provide access to the loaded truck with sand at Pali Check-post, near Dehri-onSone. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that the case of the petitioner is similar to the case of Lallan

Patna High Court CR. MISC. No.30609 of 2020(2) dt.24-11-2020 2/2 Prasad, who has been granted by this Court in Cr. Misc. No. 30568 of 2020. He also submits that in fact specific allegation was levelled against Dinesh Kumar Singh and recovery was also made from said Dinesh Kumar Singh and nothing was recovered from the possession of the petitioner. The petitioner is in custody since 12.06.2020.

Considering the fact that similarly circumstanced coaccused Lallan Prasad (ASI) has been granted bail by this Court in Cr. Misc. No. 30568 of 2020, the petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance, Patna in connection with Dehri Town P.S. Case No. 403 of 2020 (Special Case No. 8 of 2020).

(Anil Kumar Upadhyay, J) uday/- U T