Saip No 9453 Dinesh Kumar Singh v. The State Of Bihar Through Vigilance Commissioner, Bihar Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1862 of 2021 Arising Out of PS. Case No.-403 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== Saip No 9453 Dinesh Kumar Singh aged about 52 years Son Of Late Rajnath Singh Resident Of Village Sitab Diyara Daljit Tola, P.S. Revelganj, District Chapra ... ... Petitioner

Versus

The State of Bihar through Vigilance Commissioner, Bihar Patna Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Jai Shankar Pathak, Advocate For the Vigilance :

Mr. Rana Vikram Singh, Advocate For the State Mr. USP Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the parties.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 420 and other ancillary sections of the Indian Penal Code read with sections 7/13 and 8(1) of the PC Act.

Petitioner and other accused persons, being police officials, are alleged to have extorted the sum of Rs.11,000/- as illegal gratification from the truck crossing the Pali Check post. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case because the informant was having some vendetta against

Patna High Court CR. MISC. No.1862 of 2021(4) dt.21-06-2021 2/3 him. It is further submitted that the investigation has completed as such custodial interrogation of the petitioner is not required. Several similarly situated co-accused persons have already been allowed bail by different benches of this Court vide orders contained in supplementary affidavit. Petitioner is in custody since 10.6.2020.

Learned counsel for the Vigilance opposes the prayer for bail submitting that there is direct allegation against the petitioner that he extorted money from a truck and some money was recovered from his possession.

Considering the rival submissions of the parties and materials collected on the record as also the fact that charge sheet has already been submitted and petitioner is in custody since 10.6.2020, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge 1, Vigilance, Patna in Dehari Town Police Station Case No. 403 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court

Patna High Court CR. MISC. No.1862 of 2021(4) dt.21-06-2021 3/3 and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T