Sheo Pujan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1577 of 2022 Arising Out of PS. Case No.-734 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== SHEO PUJAN KUMAR S/o Suryadev Prasad R/o Village-Jamuarkala, P.S.- Roshanganj, District-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner/s :

Mr.Uday Pratap Singh Mr.Manoj Kumar Ambastha Mr.Praveen Kumar For the Vigilance :

Mr.Rana Vikram Singh, Spl.P.P., Vigilance For the State :

Mrs.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

29-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 384 / 34 of the I.P.C., Section 50 / 52 of the Bihar Prohibition and Excise Act and Section 7 / 13 of the P.C.Act, 1988.

As per the prosecution case, co-accused Rajeev Kumar was caught red-handed alongwith co-accused Rajesh Kumar Pandey while taking bribe of Rs. 20,000/- and coaccused Rajeev Kumar disclosed the name of petitioner and another co-accused Kabindra Kumar, as their associates and conspirators.

It is submitted on behalf of petitioner that nothing incriminating has been recovered from the conscious possession of the petitioner. Petitioner was not apprehended on spot, but

Patna High Court CR. MISC. No.1577 of 2022(3) dt.29-03-2022 2/2 only on the confession of co-accused Rajeev Kumar, he has been made accused. Similarly situated co-accused Kabindra Kumar has already been granted bail by this Court, vide order dated 07.03.2022 in Cr.Misc. No. 69168 of 2021. Petitioner claims clean antecedent and he is in custody since 14.09.2021. Investigation is complete.

However, Sri Rana Vikram Singh, learned Special P.P. for the Vigilance Department has opposed the prayer for bail and submitted that this petitioner had also gone with other coaccused persons to the shop of Bittu Singh and took Rs. 1,00,000/- (one lac), as illegal gratification, and later on, distributed the said money among themselves.

Considering the aforesaid facts and circumstances as well as period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Vigilance, Patna in connection with Sasaram (Town) P.S. Case No. 734 of 2021 (Special Case No. 37/2021). (Prabhat Kumar Singh, J) anay/- U T