Shailendra Kumar v. The Superintendent Of Police Vigilance Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65762 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- VIGILANCE District- Patna ====================================================== Shailendra Kumar Son Of Sanchit Baitha Resident Of Village - Tinkoni, P.S. - Darpa, District - East Champaran ... ... Petitioner/s

Versus

The Superintendent Of Police Vigilance Patna Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Alamdar Hussain Mr. Shashi Bhushan Kumar For the Opposite Party/s :

Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 7(a) of the Prevention of Corruption Act.

It is alleged against the petitioner that the petitioner being Block Supply Officer was caught redhanded while taking bribe of Rs. 55,000/- from the informant whose father runs a PDS shop.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The PDS shop of the father

Patna High Court CR. MISC. No.65762 of 2023(3) dt.03-01-2024 2/3 of the informant was inspected by the petitioner and certain irregularities were found for which, the petitioner being Block Supply Officer, has submitted his report to the S.D.O, Bettiah, Sadar on 08.04.2023. Thereafter, on 02.05.2023, show-cause notice was issued to the father of the informant to submit his explanation within one week. The proceeding for cancellation of P.D.S license was initiated on the basis of inspection report of the petitioner for which, the informant started pressuring the petitioner to withdraw the inspection report and when the petitioner refused to do so, he has falsely been implicated in this case.

It is further submitted that before the trap, the petitioner had already submitted his report and the cancellation proceeding was going on in the Court of S.D.O, Bettiah, Sadar. It is also submitted that at the time of trap, the petitioner did not accept the bribe amount given by the informant but the vigilance trap team members forcibly made the petitioner to touch his finger in G.C notes.

Patna High Court CR. MISC. No.65762 of 2023(3) dt.03-01-2024 3/3 custody since 01.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Muzaffarpur in connection with Special Case No. 13 of 2023, arising out of Vigilance Case No. 20 of 2023.

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