Krishna Kumar Singh v. The State Of Bihar Through The Vigilance, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2683 of 2023 Arising Out of PS. Case No.-630 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== KRISHNA KUMAR SINGH Son of Late Bindeshwari Singh Resident of Village - Mathiya, P.S.- Chhatauni, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar through the Vigilance, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Ms. Priyanka Singh, Advocate For the Opposite Party/s :
Mr. Arvind Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2023 Heard learned Senior Counsel for the petitioner, Mr. Yogesh Chandra Verma and learned A.P.P. for the State along with learned counsel for the Vigilance.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 7(a) of the Prevention of Corruption Act, 1988.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation in the F.I.R. is that the land of the informant was locked and for unlocking the said land for the purposes of registry, the petitioner had approached the authorities in the office of the registry where it is alleged that this petitioner demanded an amount of Rs. 1,50,000/- for unlocking the land so that the same
Patna High Court CR. MISC. No.2683 of 2023(5) dt.28-06-2023 2/3 can be registered in favour of the daughter of the complainant. Learned Senior Counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that even presuming what has been alleged is true without admitting then from perusal of the allegation as alleged in the F.I.R., it would manifest that only a demand was made and the F.I.R. is completely silent whether any amount was given to the petitioner in lieu of the demand, it is next submitted that even no recovery of any amount was made from the petitioner.
Learned counsel for the Vigilance opposes the prayer for anticipatory bail of the petitioner and submits that a counter affidavit has been filed.
Learned Senior Counsel for the petitioner submits that from perusal of the counter affidavit, it would manifest that the same does not even remotely suggest that the petitioner had accepted the amount nor any amount was recovered from his possession. Learned Senior Counsel also submits that the petitioner will not abscond rather will co-operate in the investigation and will present himself as and when required by the Investigating Officer of the case for eliciting the truth. Considering the submissions made by the learned
Patna High Court CR. MISC. No.2683 of 2023(5) dt.28-06-2023 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Motihari Town P.S. Case No. 630 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T