Md Kamre Alam v. The State Of Bihar Through Investigating Officer, Vigilance Department, Patna, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58926 of 2021 Arising Out of PS. Case No.-46 Year-2008 Thana- SINGHWARA District- Darbhanga ====================================================== MD KAMRE ALAM Son of Md. Usman Resident of Village- Bharwa, P.S.- Singhwara, District- Darbhanga (Bihar) ... ... Petitioner/s

Versus

The State of Bihar through Investigating Officer, Vigilance Department, Patna, Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Bhushan, Adv.

For the Vigilance :

Mrs. Archana Prakash, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner and Mrs. Archana Prakash, learned A.P.P. for the State.

The petitioner seeks bail in connection with Special Case No. 12A of 2008 arising out of Singhwara (Darbhanga) P.S. Case No. 46 of 2008 instituted for the offences under Sections 7 & 8 of the Prevention of Corruption Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 15.04.2021 is a person with clean antecedent and charge-sheet has been submitted in the case and the allegation against the petitioner, who is a ward member, is of receiving Rs. 5,000/- by way of bribe from Md. Abu Jan under 'Mukh Mantri Awas Yojna'.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case and similarly situated co-accused person, Chandrika Kumar Lal Das @ Jhunjhun

Patna High Court CR. MISC. No.58926 of 2021(2) dt.08-03-2022 2/2 @ Chiranjeev Kumar Lal Das has been granted bail by order dated 19.01.2012 passed in Cr. Misc. No. 43399 of 2011 and Sambhu Thakur @ Shambhu Kumar Thakur has been granted bail by order dated 26.05.2011 passed in Cr. Misc. No. 14328 of 2011. It is further submitted that the petitioner was completely unaware that an First Information Report has been instituted against him, as such, he could not surrender in time earlier.

Learned counsel for the Vigilance vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 15.04.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and co-accused persons have been granted bail, let the petitioner above named be released on bail on 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, Muzuffarpur in connection with Special Case No. 12(A)/2008 arising out of Singhwara (Darbhanga) P.S. Case No. 46 of 2008.

(Satyavrat Verma, J) Jagdish/- U T