Anand Kumar Gupta v. The Vigilance Investigation Bureau

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75324 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- VIGILANCE District- Patna ====================================================== Anand Kumar Gupta Son Of Birendra Gupta @ Birendra Prasad Gupta R/O Village- Nuaon, P.S.- Nuaon, District- Kaimur ... ... Petitioner/S

Versus

The Vigilance Investigation Bureau Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Ranjan For the Opposite Party/s :

Mr.Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner, learned counsel for the vigilence and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 7(A) of the P.C. Act. The allegation against the petitioner is that he, being the S.H.O., demanded bribe of Rs. 25,000/- from the complainant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also

Patna High Court CR. MISC. No.75324 of 2023(2) dt.01-12-2023 2/3 submitted that before constitution of charge of memo, a preliminary inquiry was made, in which statement of police officers and constables was recorded. They stated that cash was seen lying on the septic tank, behind the residence of the petitioner. Neither the petitioner was arrested at the time of taking bribe nor the same was recovered from the possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 25.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail after framing of charge in connection with Vigilance P.S. Case No. 30 of 2023 on

Patna High Court CR. MISC. No.75324 of 2023(2) dt.01-12-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance, Patna.

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