Rajeev Kumar v. The State Of Bihar Through Vigilance Department Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51945 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Rajeev Kumar Son of Ramdeo Singh R/V- Mahendrapur, P.S- Naya Gaon, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr. Arvind Kumar, Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-02-2023 Learned counsel for the petitioner is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard Mr. Ramakant Sharma, learned Senior counsel for the petitioner and Mr. Arvind Kumar, learned counsel for the Vigilance.

Petitioner seeks bail in a case registered for the offences punishable under Sections 7(a)(c)/12 of the P.C. Act 1988 of the Arms Act amended 2018.

Allegation against the petitioner is that he was caught red handed with the bribe amount of Rs. 50,000/-. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that the raiding party arrested the accused Smt.

Patna High Court CR. MISC. No.51945 of 2022(3) dt.17-02-2023 2/3 Priya Satsangi, who was Block Officer and also Block Supply Officer of Khanpur and she handed over the amount in question to the hand of the petitioner, who was Block Supply Officer, Sarai Ranjan. He further submits that co-accused Smt. Priya Satsangi has been granted bail by a Coordinate Bench of this Court vide order dated 07.02.2023 in Cr. Misc. No. 51575 of 2022 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 01.06.2022. Learned counsel for the Vigilance has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Special Case No. 16 of 2022 arising out of Vigilance P.S. Case No. 25 of 2022, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.51945 of 2022(3) dt.17-02-2023 3/3 for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T