Patna High CourtCR. MISC./63842/2019bail granted

Bijay Singh (S. I. Nathnagar Police Station) v. The State Of Bihar

2019-10-25Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63842 of 2019 Arising Out of PS. Case No.-328 Year-2019 Thana- NATHNAGAR DistrictBhagalpur ====================================================== BIJAY SINGH (S. I. NATHNAGAR POLICE STATION) S/o Kishori Singh R/o Misharawaliya, P.S.- Mufasil, District- Buxar ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arun Kumar Singh, Advocate.

For the Opposite Party:

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 385 of the Indian Penal Code and Section 7 of the Prevention of Corruption Act, 1988 registered in connection with Nath Nagar P.S. Case No. 328 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation that he allegedly negotiated a bribe amount with the owner of the truck for transporting sand from Deoghar to Munger at the police picket on telephone. It is submitted that the accusations are highly doubtful considering that there is inordinate delay of more than two weeks in lodging the F.I.R. on 07.07.2019 for the alleged occurrence of 20.06.2019. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.63842 of 2019(2) dt.25-10-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 4th Additional Sessions Judge, Bhagalpur in connection with Nath nagar P.S. Case No. 328 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T