Mantu Singh @ Prabhat Kumar v. The State Of Bihar Thorugh The Vigilance, Patna

Patna High Court Cr.Misc. No.28282 of 2015 (2) dt.28-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28282 of 2015 Arising Out of PS.Case No. -223 Year- 2013 Thana -SIRDALA District- NAWADA ====================================================== Mantu Singh @ Prabhat Kumar son of Binod Singh Resident of Village - Amokhri, P.S. Sirdala, District - Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 120(B) of the Indian Penal Code, Section 7 of the Essential Commodities Act and Section 8, 10 of Prevention of Corruption Act, 1988 registered in connection with Special Case No. 50 of 2014 arising out of Sirdala (Nawada) P.S. Case No. 223 of 2013.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the owner of the pick-up van in question, but had no knowledge of the goods loaded thereon which had been done only at the instance of the driver. In any event it is submitted that co-accused Santosh Kumar being the Block Development

Patna High Court Cr.Misc. No.28282 of 2015 (2) dt.28-07-2015 Officer who is alleged to have received illegal gratification for releasing the pick-up van, has been granted anticipatory bail in Criminal Miscellaneous No. 2193 of 2015 and so also co-accused Ram Prasad Yadav and Manoj Kumar have been granted anticipatory bail by this Court. The petitioner claims clean antecedent.

4. Learned counsel for the Vigilance appears and opposes the anticipatory bail petition.

5. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Vigilance Ist, Patna in connection with Special Case No. 50 of 2014 arising out of Sirdala P.S. Case No. 223 of 2013 subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Vikash Jain, J) Md. Ibrarul/- U T