Adalat Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38432 of 2020 Arising Out of PS. Case No.-156 Year-2020 Thana- PIRO District- Bhojpur ====================================================== 1.

Adalat Rai Son of late Askrit Rai Resident of village- Jaisidih, Police Station- Piro in the District of Bhojpur 2.

Raghuwar Singh@ Ravhuwar Rai son of Ramjee Singh resident of villageAsani, Police Station - Udwant Nagar in the District Bhojpur 3.

Hari Shankar Rai son of Late Yamuna Rai Resident of Village- Devchanda, Police Station- Piro in the District of Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Director General, Vigilance, Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 2939 of 2021 Arising Out of PS. Case No.-156 Year-2020 Thana- PIRO District- Bhojpur ====================================================== 1.

Rama Uraon Son of Late Bhawaraon Uraon Resident of Village - Sewakdih, P.S.- Mandan, Distt.- Ranchi, At present Sub Inspector, Hasan Bazzar, P.S.- Bhojpur.

2.

Ashish Kumar Son of Ashok Nand Yadav Resident of Village - Mahua, P.S.- Bhelar, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 38432 of 2020) For the Petitioner/s :

Mr.Sunil Kumar,Adv For the Opposite Party/s :

Ms. Meena Singh, APP (In CRIMINAL MISCELLANEOUS No. 2939 of 2021) For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-03-2021 Let the defects be removed within four weeks. Heard the parties in both the applications.

Patna High Court CR. MISC. No.38432 of 2020(3) dt.26-03-2021 2/3 Petitioners seek bail in a case registered for the offences punishable under Section 7 of Prevention of Corruption Act.

According to FIR, the police put a trap against the police and it was noticed that the team of police including the petitioners were collecting money from the truck drivers to allow them to move to the area where there was declared "No Entry". Video of the incident was taken and from the vehicle of the police, some currency notes were recovered which is mentioned in the FIR.

Learned counsel for the petitioners submits that petitioners are in custody since 24.06.2020. They have got no criminal antecedent. There is no video clip which shows that the petitioners were accepting money from the truck driver. Considering the nature of allegation against a public servant who is expected to follow the rule and not to flout the same, I am not inclined to enlarge the petitioners on bail for the present in connection with Special Case No.12 of 2020(arising out of Piro (Hasan Bazar) P.S.Case No.156 of 2020) pending in the court of learned Special Judge, Vigilance, Patna. Hence, prayer is refused.

However, the petitioners may renew prayer for bail

Patna High Court CR. MISC. No.38432 of 2020(3) dt.26-03-2021 3/3 before the learned court below itself after framing of the charges.

(Birendra Kumar, J) Nitesh/- U T