Amalendu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43301 of 2022 Arising Out of PS. Case No.-219 Year-2022 Thana- MANSI District- Khagaria ====================================================== Amalendu Kumar Singh S/o Late Chandrika Singh Resident of Samta Colony, Ward No. 28, P.S.- Nagar Hajipur, District- Vaishali (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Sinha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP For the Vigilance : Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Vigilance as well as learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 420 and 166 A of the Indian Penal Code and Section 7 A of the Prevention of Corruption Act, 1988 (Amendment Act 2018).

According to prosecution case, the informant got call on her mobile from Mansi Police Station and told her that a case was filed on her and he is the investigating officer of this case and told her to meet him at his room. It is further alleged that

Patna High Court CR. MISC. No.43301 of 2022(3) dt.16-02-2023 2/3 the said person called her dozen times with bad intention. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case on the basis of the mobile call. He further submits that during investigation, no other cogent material has come against this petitioner. He further submits that the prosecution has not verified the mobile call in question and as per the allegation alleged in the F.I.R., the case is only made out under Section 354 A of the Indian Penal Code. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 28.06.2022.

The learned counsel appearing on behalf of the Vigilance and learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mansi P.S. Case No. 219 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.43301 of 2022(3) dt.16-02-2023 3/3 shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T