Govind Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32907 of 2020 Arising Out of PS. Case No.-403 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

Govind Tiwary Son of Late Srikant Tiwary Home guard No. 122514 at resident of Village- Gopalpur, P.S.- Kargahar, District- Rohtas. 2.

Sudama Singh Son of Late Ramdhari Singh Home guard No.121324 at resident of Village- Urada, P.S.- Chenari, District- Rohtas. ... ... Petitioners

Versus

1.

The State of Bihar 2.

The State of Bihar through the S.P. Vigilance Investigation Bureau, Bihar, Patna. Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Baxi S.R.P. Sinha, Sr. Adv.

Mr. Giridhar Gopal Tiwary, Adv.

For the State :

Mr. Lalan Kumar, APP For the Vigilance :

Mr. Arvind Kumar, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-01-2021 Heard Mr. Baxi S.R.P. Sinha, learned senior counsel for the petitioners and Mr. Arvind Kumar, learned Special Public Prosecutor of the Vigilance.

The petitioners seek bail in connection with Dehri P.S. Case No. 403 of 2020 registered under Sections 384, 420, 411, 120-B of the Indian Penal Code, Sections 7 and 13 of the Prevention of Corruption Act, 1988 and Section 8(1) of the Prevention of Corruption (Amendment) Act, 2018. It is submitted by Mr. Baxi S.R.P. Sinha, learned senior counsel appearing for the petitioners that similarly circumstanced co-accused persons, namely, Lalan Prasad, Vijay

Patna High Court CR. MISC. No.32907 of 2020(3) dt.20-01-2021 2/2 Shankar Ojha, Shailendra Singh and Rajendra Prasad Yadav have already been granted bail vide orders dated 23.11.2020, 24.11.2020, 06.01.2021 and 22.12.2020 passed in Cr.Misc. Nos. 30568 of 2020, 30609 of 2020, 32147 of 2020 and 35025 of 2020 respectively by different Benches of this Court. It is further contended that the petitioners are in custody since 12.06.2020 and their custodial interrogation is not warranted as the investigation of the case is complete.

Learned counsel appearing for the Vigilance opposes the prayer for bail of the petitioners. However, he admits that the other similarly circumstanced co-accused have been granted bail by different Bench of this Court.

Regard being had to the submissions advanced on behalf of the parties and the materials on record, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge (Vigilance), Patna in connection with Dehri P.S. Case No. 403 of 2020.

(Ashwani Kumar Singh, J) Pradeep/- U T