Patna High CourtCR. MISC./5598/2016bail granted

Mithilesh Kumar @ Mithilesh Kumar Singh v. The State Through Vigilance Patna, Bihar

2016-02-15Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.5598 of 2016 (2) dt.15-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5598 of 2016 Arising Out of PS.Case No. -88 Year- 2015 Thana -C.B.I CASE District- PATNA ======================================================

1. Mithilesh Kumar @ Mithilesh Kumar Singh son of Late Jainath Singh Resident of Village- Ghataro, P.S.- Karthan, District- Vaishali (Hajipur). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kr. Thakur Mr. Ishtiyaque Ahmad For the Opposite Party/s Mr. Ramakant Sharma (Law Officer Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 15.02.2016 Heard learned counsel for the petitioner as well as learned counsel for the Vigilance.

Petitioner was clerk in the office of provident fund and demanded Rs 3000/- for providing up-to-date account of provident fund to the allegation maker and thereafter, petitioner was caught red handed accepting bribe of Rs 3000/-.

Petitioner is in jail custody since 16.10.2015 and it appears that charge has already been framed and the matter is pending for prosecution evidence.

The contention on behalf of the petitioner is that petitioner being poor clerk has been framed by vigilance officials in collusion with allegation maker. Moreover, petitioner has sufficiently been punished by remaining in jail custody since long and presently, detention of the petitioner in jail custody is not required.

Patna High Court Cr.Misc. No.5598 of 2016 (2) dt.15-02-2016 Learned counsel for the Vigilance vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance 1, Patna in Special case no. 53/2015 arising out of Vigilance P.S. Case no. 88/2015.

shahid (Hemant Kumar Srivastava,J) U T