Dhananjay Kumar v. Vigilance Investigation Bureau, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63970 of 2022 Arising Out of PS. Case No.-622 Year-2022 Thana- DANAPUR District- Patna ====================================================== DHANANJAY KUMAR Son of Late Rameshwar Ram @ Kameshwar Ram Presently residing at Flat No. 51, Ganesh Narayan Apartment P.S- Khagaul , Dist- Patna, Permanent resident of village- Tamauli, Post- jamuhar, P.sJamuhar, Dist- Aurangabad, Bihar ... ... Petitioner/s
Versus
Vigilance Investigation Bureau, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Section 420 of the Indian Penal Code and 7(a) of the Prevention of Corruption Act. The allegation against the petitioner is of demanding and accepting the bribe of Rs. 10,000/- from the complainant and the said amount has been recovered from the petitioner's pocket.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that in Pay Accounts Office, whatever Bills come for clearance will come on the basis
Patna High Court CR. MISC. No.63970 of 2022(5) dt.21-04-2023 2/3 of daily order and that too in the form of soft copy. The complainant has claimed to meet the petitioner on 04.07.2022 at pay Accounts Office (Ors) Bihar Regiment Centre, while on the contrary, the petitioner on the said date 04.07.2022, was on compensatory paid leave. He further submitted that the date of publication of CEA was 01.04.2022, 04.05.2022 and 04.05.2022. The amount of CEA was in process on 05/22 and 06/22 and the same could not be generated in server due to negative amount reflected in the month of 06/22, therefore, the payment could not be done. The police officials without any verification and confirmation proceeded to the office of the petitioner forming the trap team early in the morning which is beyond justification. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 07.07.2022.
The application for bail is opposed by learned counsel for the Vigilance and submitted that the petitioner was caught red-handed and recovered 20 notes of Rs. 500/- amounting Rs. 10,000/- as bribe and Pre and Post Trap Memo procedure has also been adopted.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is
Patna High Court CR. MISC. No.63970 of 2022(5) dt.21-04-2023 3/3 inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge Vigilance, Patna in connection with Danapur P.S. Case No. 622 of 2022. (Sunil Kumar Panwar, J) arish/- U T