Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54405 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- VIGILANCE District- Patna ====================================================== KUNDAN KUMAR Son of Late Santosh Kumar R/o Vill-Ichahos, P.S.- Islampur, District-Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance Department through its Additional Director General, 6 Circular Road, Patna. Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Narayan Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner, learned counsel for the vigilance and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 7(a)(c) of the P.C. Act.

3. As per prosecution case, the petitioner is alleged to have caught red handed while demanding and accepting the bribe money of Rs. 19,000/- from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was posted in Hilsa Block Office on contractual basis and he was working on the direction of concerned C.O. as such, there is no role of

Patna High Court CR. MISC. No.54405 of 2023(2) dt.30-08-2023 2/2 petitioner in the alleged occurrence. It is also submitted vide para 7 of the petition that the application for rectification (Parimarjan) applied by informant had already been rejected by the revenue officer before the application given to the Vigilance department so in that circumstances, there was no work pending in the circle office, Hilsa on the date of alleged trap. The petitioner has got no criminal antecedent and is languishing in judicial custody since 13.4.2023.

5. Learned counsel for the Vigilance dept has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail after framing of charge, if charge is not framed. The above named petitioner is directed to be released on bail in connection with Vigilance Case No. 16 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Vigilance, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T