Fool Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47231 of 2022 Arising Out of PS. Case No.-76 Year-2022 Thana- MARANCHI District- Patna ====================================================== 1.
Fool Kumar Yadav S/o Mushaharu Yadav At present Posted in Panch Mahala O.P., P.S. Maranchi, District - Patna. 2.
Arvind Kumar Thakur S/o Khushilal thakur At present Posted in Panch Mahala O.P., P.S. Maranchi, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjiv Sharan, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-11-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioners seek bail in connection with Maranchi (Panch Mahala) P.S. Case No. 76 of 2022 registered for the offence under Sections 384 and 120(B) of the IPC and Section 7, 8 and 12 of the Prevention of Corruption Act. The accused/petitioners are named in the F.I.R. and are in custody since 22.05.2022.
The allegation against the petitioners is to collect bribe and other illegal money from trucks passing through
Patna High Court CR. MISC. No.47231 of 2022(2) dt.24-11-2022 2/3 highway, along with other co-accused persons. Learned senior counsel appearing on behalf of the petitioners submitted that petitioners have falsely been implicated in the present case. It is further submitted that allegation against petitioners is very much general and omnibus, rather same is specific against the driver of the police gypsy, namely, Kundan Tanti @ Chandan. It is also submitted that petitioners are men of clean antecedent and never faced such allegations in his service career. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned Special PP of vigilance and APP, while opposing the prayer of bail, fairly conceded the fact that allegation against these petitioners is very much general and omnibus, as per FIR.
Considering the facts and circumstances as mentioned above, as there is no specific allegation against these petitioners to collect the bribe from trucks coupled with the fact that charge-sheet has already been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Maranchi (Panch Mahala) P.S. Case No. 76 of 2022 on
Patna High Court CR. MISC. No.47231 of 2022(2) dt.24-11-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Patna/concerned Court, subject to the following conditions as mentioned in Section 43(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Archana/- U T