Baijnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57111 of 2019 Arising Out of PS. Case No.-208 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== BAIJNATH SINGH, Son of Late Hari Singh Resident of Village - Odhanpur, Oraina, P.S.- Nawada Mufassil, Dist.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Case No. 25 of 2019, arising out of Rajauli P.S. Case no. 208 of 2019, registered under Sections 384 and 411 of the Indian Penal Code Section 7A of the Prevention of Corruption Act.

The accusation is that on receiving secret information about realization of bribe by the Home Guard from the trucks passing through Rajauli Check Post, the informant and other Police personnel reached there then saw that a home guard is present there and was realizing bribe from the truck drivers, which were coming from Jharkhand. On seeing the Police party, while he was trying to flee away, but on chase, he

Patna High Court CR. MISC. No.57111 of 2019(2) dt.09-09-2019 2/2 was apprehended, who disclosed his name Aditya Singh. On search, five currency of 10 rupees and three currency of 100 rupees recovered. He further disclosed the that earlier Chowkidar, Baijnath Singh (Petitioner) was also realizing the bribe from the truck drivers.

Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot taking bribe to the drivers of the truck passing through the Rajauli Check post, rather, the home guard, who was apprehended on the spot realizing the bribe disclosed the name of petitioner. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, VigilanceI, Patna in connection with Special Case No. 25 of 2019, arising out of Rajauli P.S. Case no. 208 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T