Baijnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59720 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Baijnath Kumar S/O Ashok Mahto R/O Village- Bhagwanchak Saksohara Tola, Ps. Saksohra, Dist. Patna ... ... Petitioner/s

Versus

The state of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Mishra For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 7/7A of the Prevention of Corruption Act.

3. As per allegation in the FIR, informant has purchased two chunk of land one in his name and another in his brother. It is alleged that after five days brother made called to Revenue Clerk (petitioner) of Rampur Block who told him that cost is to be paid for mutation. Thereafter the petitioner again called the informant on his mobile directing him to meet in his office. When the informant met with him

Patna High Court CR. MISC. No.59720 of 2023(2) dt.12-09-2023 2/3 the petitioner demanded Rs. 20,000/- for two mutations. The informant has paid Rs. 3,000/- to the petitioner and made a video film and shared it to the media person, who made it viral.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Now a days, the payment for mutation are made online so there is no question of demanding bribe. In fact, despite complaining to concerned authority about bribe demand, he gave money for illegal purpose. He has not informed the matter to the vigilance. Petitioner has got no criminal antecedent and languishing in judicial custody since 17.6.2023.

5. The application for bail is opposed by learned vigilance counsel.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

Patna High Court CR. MISC. No.59720 of 2023(2) dt.12-09-2023 3/3 like amount each to the satisfaction of the learned Special Judge, Vigilance, Patna in connection with Bhagwanpur (Bhabhua) P.S. Case No. 176 of 2023.

(Sunil Kumar Panwar, J) lata/- U