Jai Kishan Prasad @ Sap No. 7074 @ Jai Kishun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41005 of 2020 Arising Out of PS. Case No.-403 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

Jai Kishan Prasad @ Sap No. 7074 @ Jai Kishun Prasad Son of Late Ramjanam Prasad Resident of Village- Sarasat, P.S.- Naubatpur, DistrictPatna. 2.

Ramnandan Prasad @ Sap No. 7076 Ramanand Prasad Son of Late Kailash Prasad Resident of Village- Barakibabhanpura, P.S.- Ghoshi, DistrictJehanabad. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

Mr. Manmohan Kumar, Adv.

For the State :

Mr. Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Special Case no. 08 of 2020 arising out of Dehri (T) P.S. Case no. 403 of 2020 registered under sections 384, 420, 411 and 120 B of the Indian Penal Code, sections 7 and 13 of the Prevention of Corruption Act, 1988 and 8(1) of the Prevention of Corruption (Amendment) Act, 2018.

As per allegation in the F.I.R., the named accused persons are stated to have demanded illegal money and of

Patna High Court CR. MISC. No.41005 of 2020(3) dt.12-03-2021 2/3 having assisted the truck in crossing the Pali Check Post. It is further stated that specific demand of illegal money was made by Dinesh Kumar Singh while the petitioners and other accused persons were also present.

It is submitted by learned counsel for the petitioners that the allegations as levelled against the petitioners are false and concocted. The allegation of demand of illegal gratification is specifically against Dinesh Kumar Singh. The petitioners are in custody since 10.06.2020, they have no criminal antecedent and their case stands on the similar footing to that of other coaccused namely Lalan Prasad, Vijay Shankar Ojha and Rajendra Prasad Yadav @ Rajendra Yadav who have been enlarged on bail, orders of which have been brought on record as Annexure2 series to the supplementary affidavit of the petitioner. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that the specific allegation is against Dinesh Kumar Singh and grant of bail to other similarly situated co-accused, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Special Case no. 08 of 2020 arising out

Patna High Court CR. MISC. No.41005 of 2020(3) dt.12-03-2021 3/3 of Dehri (T) P.S. Case no. 403 of 2020 on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance-1, Patna. (Partha Sarthy, J) shahzad/- U T