Rikki Kumar v. The State Of Bihar Through Vigilance, Dist. Muzaffarpur
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61713 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -VIGILANCE District- PATNA ======================================================
1. Rikki Kumar S/o Jawahar Rajjak, R/o Village- Raghuasoi, P.S.- Bhagwanpur, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar Through Vigilance, Dist. Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Nath Mishra For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody since 04.09.2017 in connection with Patna Vigilance Case No. 70 of 2017 registered for the offences punishable under Sections 7/8/13(2) read with 13(1)(D) of the Prevention of Corruption Act. Learned counsel for the petitioner submits that a false and fabricated case has been filed against the petitioner as well as the B.D.O and in pursuance thereof, he has been languishing in custody. He further submits that whatever materials were collected during investigation, now, chargesheet has also been submitted against the petitioner and other accused persons. He, thus, submits that there is no likelihood of
Patna High Court Cr.Misc. No.61713 of 2017 (2) dt.10-01-2018 2/3 any tampering of evidence and therefore, he may be extended the privilege of bail. He further undertakes that he shall be present in the court and cooperate in the trial, so that the case may be disposed of expeditiously and may reach to its logical conclusion.
Considering the fact that now, charge-sheet has already been submitted and the matter is pending before the trial court, let the petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance, North Bihar at Muzaffarpur in connection with Vig. Case No. 70 of 2017 on the following conditions;
(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or their wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to
Patna High Court Cr.Misc. No.61713 of 2017 (2) dt.10-01-2018 3/3 be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Anjana Mishra, J) ajay gupta/- U T