Sharwan Kumar Sharma @ Sharwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69047 of 2023 Arising Out of PS. Case No.-206 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Sharwan Kumar Sharma @ Sharwan Kumar Son Of Suresh Prasad Sharma Resident Of Village - Naya Tola Naugachhiya, P.S. - Naugachchiya, District - Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance (TRAP), Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sadanand Paswan For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 For the Mines Department Mr. Anil Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner, learned counsel for the Vigilance and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 420 of the Indian Penal Code and Section 7 of the Prevention of Corruption Act.

3. Petitioner is said to have demanded Rs. 40,000/- from the informant for the purpose of mutation.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is neither the employee of the circle office nor he has any connection with the offices or employee of the said office, hence, no offence under Section 7 of the Prevention of Corruption Act is made out. He submits that

Patna High Court CR. MISC. No.69047 of 2023(3) dt.25-01-2024 2/2 occurrence took place on 17.04.2023 but the FIR has been lodged on 19.06.2023 after delay of 62 days without explaining any reasonable cause of delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the Vigilance opposing the prayer for bail submit that the petitioner has been made accused in this case on the basis of Video clips. Learned counsel for the Vigilance further submits that the investigation is going on.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Naugachhiya P.S. Case No. 206 of 2023.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that there is 62 days delay in lodging the FIR and he has no criminal antecedent.

(Anjani Kumar Sharan, J) devendra/- U T