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Patna High CourtCR. MISC./66291/2021bail granted

Arvind Kumar Bharti v. The State Of Bihar

2022-02-24Mr. Justice A. M. Badar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66291 of 2021 Arising Out of PS. Case No.- Year-2021 Thana- VIGILANCE District- Patna ====================================================== Arvind Kumar Bharti Son of Ram Nand Choudhary Resident of Village - Khan, P.S.- Mufassil, District - Aurangabad, At present posted Land Acquisition Officer, Purnea.

... ... Petitioner

Versus

1.

The State of Bihar 2.

The Vigilance, S.P. Patna Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Harun Quareshi For the Opposite Party/s :

Mr.Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 24-02-2022 The applicant who happens to be a Land Acquisition Officer is an accused in Crime No. 14 of 2021 registered with Patna Nigrani Police Station for the offences punishable under sections 7(d) (c) read with Section 12 of Prevention of Corruption Act, 1988 along with 120(B) of the Indian Penal Code.

Heard both sides.

Undisputedly, investigation of the subject crime is already over. The charge-sheet has been filed. The allegation against the applicant are to the effect that he had demanded and accepted illegal gratification from the complainant for extending official favour to him.

Patna High Court CR. MISC. No.66291 of 2021(5) dt.24-02-2022 2/3 The applicant is a public servant. As such, it cannot be said that he would not be available for the trial or that he would jump the bail. The applicant is reportedly behind the Bars for period of about seven months.

In this view of the matter, I see no reason to refuse bail to him and therefore, the order.

The application is allowed.

The applicant/accused in Crime No. 14 of 2021 registered with Patna Nigrani Police Station is directed to be released on bail on executing P.R. Bond of Rs. 10,000/- (Ten Thousand) on furnishing sureties of the like amount to the satisfaction of the trial court with the following conditions:- (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. The applicant should also cooperate the learned Special Judge in expeditious disposal of special case against him. (II) The applicant/accused should cooperate the trial in expeditious disposal of the trial against him. (III) The applicant to remove all office objections forthwith and the Registry to issue certified copy of this order

Patna High Court CR. MISC. No.66291 of 2021(5) dt.24-02-2022 3/3 only after removal of office objections by the applicant/accused. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. (A. M. Badar, J) Ravi/- U T