Sanjiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34351 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- VIGILANCE District- Patna ====================================================== SANJIV KUMAR Son of Late Ram Narayan Singh Resident of village - Arai, P.S. - Shahjahanpur, Distt. - Patna, Then Panchayat Rozgar Sewak, Panchayat - Itawa, P.S. - Garkha, Distt. - Saran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Vigilance (Patna) through Superintendent of Police Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sujit Kumar , Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP For the O . P . 2 :
Mr. Anil Singh, Advocate Mr. Arvind Kumar Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2023
1. Heard learned counsel for the petitioner, the State and the Vigilance Department.
2. Petitioner apprehends arrest in a case registered for the offence punishable under section 7 (a) of Prevention of Corruption Act, 1988 ( Amended 2018) , and 120 (B) of The Indian Penal Code .
3. In this case counter affidavit has been filed on behalf of the Vigilance Department and in paragraph 10 of the counter affidavit, it is stated that after investigation chargesheet was submitted on 05.04.2023 against co-accused Binod Kumar and thereafter notice was issued to this petitioner (Sanjiv Kumar) for his appearance but he has not appeared till date,
Patna High Court CR. MISC. No.34351 of 2023(4) dt.30-08-2023 2/2 for which I.O. has issued arrest warrant against him on 18.03.2023 as well as process of Section 82 of Cr.P.C. was issued on 16.06.2023 .
4. On 08.08.2023 the I. O has submitted requisition for issuance of process under section 83 of Cr.P.C. against the petitioner which shows he is not cooperating with the investigating agency .
5. In view of the paragraph 10 of the counter affidavit and conduct of the petitioner, this Court is not inclined to grant bail to the petitioner and the same is accordingly dismissed.
(Prabhat Kumar Singh, J) Kaushik/- U T