Patna High CourtCR. MISC./76336/2024disposed

Shivjee Paswan v. The State Of Bihar

2025-05-05Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76336 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- CHHATAUNI District- East Champaran ====================================================== Shivjee Paswan S/o Ramlal Paswan R/o Khatuaha, P.S. - Khanpur, Distt. - Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prince Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP For the Vigilance :

Mr. Anil Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-05-2025

1. Heard learned counsel for the petitioner, learned APP for the State and learned Law Officer for the Vigilance.

2. The learned counsel for the petitioner apprehends his arrest in connection with Chohatauni P. S. Case No.185 of 2024 (Special Case No.05 of 2024) for the offences punishable under Sections 7(a) and 7(b) of the Prevention of Corruption Act.

3. The allegations in the F.I.R is that some police officers of Chhatauni Police Station had been made accused in exchange of money in which the petitioner and two others have been suspended on account of gross negligence and corruption in duty.

4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The name of the petitioner has transpired only on the basis of suspicion. Learned counsel for the petitioner further submits that

Patna High Court CR. MISC. No.76336 of 2024(5) dt.05-05-2025 2/3 investigation in the case against the petitioner is still continuing, but then, the petitioner has not been granted the benefit of Section 41(A) of the Cr.P.C, on which the learned Law Officer, Vigilance submits that the case be disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar) since the offence carries punishment of seven years and less. It is also pointed out that the application on behalf of similarly situated co-accused have also been disposed of in the same terms vide orders dated 10.02.2025 and 25.02.2025 passed in Cr. Misc. No. 63709 of 2024 and Cr. Misc. No. 70358 of 2024 respectively.

5. In view of the submission made by the learned Law Officer, Vigilance, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

6. The petitioner would be at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case, within a period of three weeks from today and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the order dated 13-

Patna High Court CR. MISC. No.76336 of 2024(5) dt.05-05-2025 3/3 2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

(Soni Shrivastava, J) Harsh/- U T