Santosh Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.37819 of 2016 (3) dt.28-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37819 of 2016 Arising Out of PS.Case No. -251 Year- 2016 Thana -KADAMKUAN District- PATNA ====================================================== Santosh Kumar, S/o Shri Dev Kumar Paswan,, R/o- Village Karamdhi, P.S. Amas, District Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Vigilance Department, through the Superintendent of Police, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate. For the Opposite Party/s : Mr. Ramakant Sharma(L.O.I/C Vig.) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-10-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Kadamkuan P.S. Case No. 251 of 2016 for the offences registered under Section 11 of Prevention of Corruption Act, 1988 and Section 341, 342, 323, 386/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that four such police personals have been implicated in connection with the present case. The allegation against the petitioner is that he had demanded money from one Santosh Kumar but subsequently, on enquiry it was found that the money which was demanded from said Santosh Kumar was deposited in the Malkhana and as such, no case is made out against the

Patna High Court Cr.Misc. No.37819 of 2016 (3) dt.28-10-2016 petitioner. It is further submitted that similarly situated coaccused person, namely, Dhiraj Kumar has been extended the privilege of anticipatory bail by order dated 03.10.2016 passed in Cr. Misc. No. 35781 of 2016 after considering the case diary and the materials available on record.

Considering the nature of allegation and that the similar situated co-accused person has been extended the privilege of anticipatory bail, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, 1st Patna, in connection with Kadamkuan P.S. Case No. 251 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T