Virendra Sharma @ Birendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67691 of 2019 Arising Out of PS. Case No.-254 Year-2019 Thana- BEUR District- Patna ====================================================== VIRENDRA SHARMA @ BIRENDRA SHARMA Son of Late Sidheshwar Singh Resident of Village- Kaili, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The State of Bihar through Vigilance, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

This application for regular bail arises out of Special Case No. 32 of 2019, Beur P.S. Case No. 254 of 2019, disclosing the offence under Sections 224/ 120-B of the Indian Penal Code and Sections 7, 13(i), 13(ii) of the Prevention of Corruption Act.

Learned counsel for the petitioner has drawn my attention to the orders of this Court dated 15.10.2019, 06.11.2019 and 27.11.2019, passed in Cr. Misc. No. 61257, 68666 of 2019 and 61294 of 2019 respectively to contend that similarly circumstanced co-accused persons have been allowed regular bail by this Court. The petitioner is in custody since 20.07.2019. He was at the relevant point of time posted as a Homeguard. With the allegation that the police party, of which

Patna High Court CR. MISC. No.67691 of 2019(2) dt.11-12-2019 2/2 the petitioner was a member, had indulged in accepting illegal gratification from the persons who were carrying 13 bags of looted coins and releasing the said persons.

Learned counsel appearing on behalf of the petitioner, in my view, is correct in his submission that in similar circumstance, this Court has allowed regular bail to other members of the same police party.

Considering the above, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Special Judge-I, Vigilance, Patna in Special Case No. 32 of 2019, arising out of Beur P.S. Case No. 254 of 2019. This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T