Alok Kumar v. The State Of Bihar Through Vigilance Department At Muzaffarpur Bihar

Patna High Court Cr.Misc. No.20794 of 2016 (2) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20794 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -C.B.I CASE District- PATNA ====================================================== Alok Kumar, Son of late Bijali Kumar Singh, Resident of VillageMahamada, PS Patahi District East Champaran. .... .... Petitioner/s

Versus

The State of Bihar through Vigilance Department at Muzaffarpur (Bihar) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash, Advocate. For the Opposite Party/s : Ms. R. Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Vigilance P.S. Case No. 05 of 2016 (Special Case No. 04 of 2016) registered under Sections 7, 8 and 13(2) read with Section 13(i)(d) of the Prevention of Corruption Act.

The accusation is that petitioner being orderly and coaccused Sanjeev Kumar being the head clerk in the office of District Education Office, Motihari, have taken bribe of Rs.10,000/- from Munna Prasad (complainant).

Learned counsel for the petitioner submits that petitioner is the class-IV employee posted in the office of District Education Office, Motihri, and has falsely been implicated in this

Patna High Court Cr.Misc. No.20794 of 2016 (2) dt.18-05-2016 case mere on suspicion whereas in both applications dated 29.12.2015 and 04.01.2016 submitted by the complainant, in which, the name of the petitioner has not been disclosed while the allegation had been made against co-accused, Sanjeev Kumar. Learned counsel for the petitioner further submits that co-accused, Sanjeev Kumar, has already been granted privilege of bail by a Bench of this Court vide order dated 19.04.2016 passed in Criminal Misc. No. 15610 of 2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Vigilance P.S. Case No. 05 of 2016 (Special Case No. 04 of 2016). Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T