Dharmendra Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.13638 of 2018 (2) dt.09-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13638 of 2018 Arising Out of PS.Case No. -322 Year- 2016 Thana -BUXAR District- BUXAR ======================================================

1. Dharmendra Kumar, Son of Late Ram Pravesh Singh, Resident of Village- Masadh, Police Station- Udwant Nagar, District- Bhojpur (S.I. Buxar Town Police Station).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director General Vigilance, Government of Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-03-2018 Heard learned Counsel for the petitioner and the State as also the learned Counsel appearing for the |Department of Vigilance. Petitioner, already in custody, seeks bail in Buxar Town PS Case No. 322 of 2016 registered under Sections 223, 224, 384 and 34 of the IPC and Section 13(1)A/D(i)(ii) of Prevention of Corruption Act.

The allegation in brief is that the petitioner, Sub Inspector of Police, along with other police personnel on a tip raided a place where gambling was going on and apprehended those persons involved in the gambling but after taking one lakh ninety thousand rupees let them off without lodging the case and thereafter complaint was made by the gamblers to the S.P. and the departmental proceeding was initiated against the petitioner as well as a police case was also instituted.

Learned Counsel for the petitioner submits that merely on the basis of complaint by the gamblers this false case was instituted against the police personnel, however on the pressure of the S.P. the police personnel deposited the said amount and on conclusion of departmental

Patna High Court Cr.Misc. No.13638 of 2018 (2) dt.09-03-2018 proceeding the petitioner has been dismissed from service, he is in custody since 16.1.2018 and charge-sheet has been submitted in this case. Similarly situated co-accused have been admitted to bail by a coordinate Bench of this Court.

Learned Counsel for the Vigilance opposed the prayer for bail.

Having considered the said facts and circumstances, the petitioner, namely, Dharmendra Kumar is directed to 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, lst, Patna in connection with Buxar Town PS Case No. 322 of 2016.

(Arun Kumar, J) Snkumar/- U T