Om Prakash Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59637 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Om Prakash Poddar S/O Krishna Lal Poddar Resident At- Cold Store Campus, Sabour Ps. Sabour, Dist. Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance (Bhagalpur) Through Superintendent Of Police Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghwendra Pratap Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 385, 387, 420 of the Indian Penal Code and Section 7(a)(b) of the Prevention of Corruption Act.

3. As per prosecution case, a video clip is alleged to have been made viral in which the petitioner Om Prakash Poddar (Nazir Anchal) was demanding Rs. 25,000/- as bribe for work to be done. On the basis of aforesaid video clip, the present FIR was lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.59637 of 2023(2) dt.08-09-2023 2/3 falsely been implicated in this case. It is further submitted vide para 7 & 8 of the petition that during course of investigation, it has come that one Bulbul Devi wanted compensation money to be delivered to her which was deposited earlier in the account of her in-laws. It is said that the petitioner was demanded Rs. 25,000/- for the aforesaid work. When the petitioner denied to do the aforesaid work, the victim and his brother Gore Kumar prepared a false video and got the same viral only to put pressure upon the petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is a government servant and he is languishing in judicial custody since 7.6.2023.

5. Learned APP appearing for the state 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. The above named petitioner is directed to be released on bail in connection with Vigilance Case No. 06 of 2023 arising out of Gopalpur P.S. Case No. 92 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

Patna High Court CR. MISC. No.59637 of 2023(2) dt.08-09-2023 3/3 Additional District and Sessions Judge 5th Cum-Special Judge, Vigilance at Bhagalpur.

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