Shiv Kumar Paswan @ Sri Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44702 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- VIGILANCE District- Patna ====================================================== Shiv Kumar Paswan @ Sri Shiv Kumar Son Of Sita Ram Paswan Resident Of Village- Salempur, Ps- Tekari, Dist- Gaya, Presently Working As Health Manager, Parsa Block, Ps- Parsa, Dist- Saran (Chhapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.Arvind Kumar For the Vigilance :

Mrs. Archana Palkar Khopde ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned Law Officer for the Vigilance.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 7(a) of the Prevention of Corruption Act, 1988 (Amendment 2018).

3. As per prosecution case, the petitioner is alleged to have been caught red handed after completing per-trap and posttrap by the vigilance team. Thereafter, from possession of the petitioner Rs. 10,000/- cash was recovered which is said to be bribe money and the same was demanded by him from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.44702 of 2023(4) dt.19-09-2023 2/3 falsely been implicated in this case. It is also submitted vide para 7 & 11 of the petition that the petitioner, being Health Manager of the Health Dept. at Parsa Block, has never demanded any amount from the informant and the entire case seems to be a case of plantation and false implication. The incharge Medical Officer, Parsa has always been trying to influence the petitioner for doing something wrong regarding distribution & procurement of medicines which caused annoyance as a result, the petitioner was targeted by the officer and implicated him in the present case. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 24.3.2023.

5. Learned Law Officer appearing on behalf of Vigilance has opposed the prayer for bail and submitted that after negotiation with the informant, the petitioner agreed to do the work of the informant for Rs. 10,000/- thereafter, he was caught red handed with the aforesaid bribe money.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if charge is not framed in

Patna High Court CR. MISC. No.44702 of 2023(4) dt.19-09-2023 3/3 connection with Vigilance P.S. Case No. 15 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Vigilance, North Bihar, Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U T