Tribhuvan Mahto @ Chhotu v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54922 of 2022 Arising Out of PS. Case No.-317 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== Tribhuvan Mahto @ Chhotu Son of Sri Jagdish Mahto Resident of VillageMilki Misharpura, P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s

Versus

The State Of Bihar Through Vigilance ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 384, 385, 120(B), 34 of the Indian Penal Code and Section 7 of the Prevention of Corruption Act. The prosecution case as per F.I.R is that the informant being S.H.O of Kotwali P.S. has received a video clip in which the petitioner was seen standing in his uniform on the road and one person handed over

Patna High Court CR. MISC. No.54922 of 2022(3) dt.17-02-2023 2/3 three to four notes of Rs. 500/- denomination. During investigation, it was found that this petitioner took illegal gratification from one Tarun Kumar @ Tempu.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R. It is further submitted that learned Special Judge has wrongly mentioned that money was being collected by the petitioner being Police Officer. The fact is that the petitioner is not government servant, he is general public and only on the confessional statement of co-accused Tarun Kumar @ Tempu, the petitioner has been roped in the present case. The petitioner is in custody since 23.06.2022.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Patna in

Patna High Court CR. MISC. No.54922 of 2022(3) dt.17-02-2023 3/3 connection with Koilwar P.S. Case No. 317 of 2022(Special Case No. 37 of 2022).

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