Akhil Kumar v. The State Of Bihar Through Vigilance
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15892 of 2015 Arising Out of PS.Case No. -306 Year- 2006 Thana -KOTWALI District- MUNGER ====================================================== Akhil Kumar Son of Radha Mohan Prasad Singh Resident of Mohalla - Bahadurpur, L.I.C. Colony ( Sabour Road ), P.S. Tilkamanjhi, District - Bhagalpur ( officer, BIhar Kshetriya Gramin Bank ) .... .... Petitioner/s
Versus
The State of Bihar through Vigilance .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case registered under Sections 161, 164, 165(A) of the Indian Penal Code and under Sections 8, 9, 13(b) and 15 of Prevention of Corruption Act.
The prosecution story, in brief, is that on 29.082006, the petitioner went to the house of the informant. It is alleged that a packet was left by this petitioner at his residence. It is further alleged that on the next day the informant was on tour to Begusarai and on 31.08.2006 the informant called this petitioner in his office and in presence of some officials he enquired to know that whether any article was left in his house. This petitioner
Patna High Court Cr.Misc. No.15892 of 2015 (3) dt.02-07-2015 2/3 accepted that his mobile was left there. On opening the said packet the bill of the mobile was in the name of the informant who happens to be the Chairman of Bihar Kshetriya Gramin Bank, Munger. It is alleged that the informant presumed to give him bribe regarding the irregularities committed by this petitioner. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Further it has been submitted that from perusal of the FIR it is evident that due to mistake of fact he has been made accused. As to when he has no intention to give bribe to the informant. It is further submitted that the petitioner is ready to deposit an amount of Rs. 10,000/- (ten thousand) in the court below, which shall be subject to final disposal of the case.
On behalf of the State it has been submitted that the petitioner is named in the FIR.
Considering the fact that the petitioner is ready to deposit an amount of Rs. 10,000/ (ten thousand) in the court below, which shall be subject to final result of the case and on doing so, the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.15892 of 2015 (3) dt.02-07-2015 3/3 satisfaction of learned Special Judge (Vigilance-2), Patna, in connection with Special Case No. 26 of 2013 arising out of Munger Kotwali P.S.Case No. 306 of 2006, subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J) singh/- U T