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Patna High CourtCR. MISC./20341/2016bail granted

Bimlesh Sharma v. State Of Bihar And ANR

2016-05-18Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.20341 of 2016 (3) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20341 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -PATRAKARNAGAR District- PATNA ======================================================

1. Bimlesh Sharma Son of Late Raj Nandan Singh, Resident of Vill+P.O.- Jaitipur, P.S.- Ghoshi, Dist- Jehanabad.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Vigilance Department, State of Bihar, Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sumit Kumar Jha, Advocate. For the Opposite Parties : Mr. D.P.Tiwary(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 08.03.2016 in a case registered for the offences punishable under Sections 7, 8 and 9 of Prevention of Corruption Act, 1988.

According to prosecution case itself, it was coaccused Binay Kumar, who was posted as A.S.I. at the relevant time, demanded bribe and so far as the petitioner is concerned, the informant claims that at the direction of the aforesaid Binay Kumar, the petitioner accepted the bribe amount but caught red handed by the informant and others.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.20341 of 2016 (3) dt.18-05-2016 petitioner has some land dispute with one Surendra Yadav and as a matter of fact the petitioner had gone to police station to get the case registered against the aforesaid Surendra Yadav but in the meantime concerned A.S.I. asked the petitioner to take the amount from the allegation maker and accordingly the petitioner did so but he was caught red handed by the Vigilance Officials. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance 1st Class, Patna in connection with Patrakar Nagar P.S. Case No. 65 of 2016, Special Case No. 10 of 2016. (Hemant Kumar Srivastava, J.) Amit/- U T