Shashi Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70737 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== 1.

Shashi Bhushan Kumar, S/o Late Arjun Prasad R/o Bhadru Dih, P.S.- Nagnausa, District- Nalanda.

2.

Lalan Kumar S/o Rajendra Prasad R/o Village- Saluganj, P.S.- Biharsharif, District- Nalanda.

3.

Pintu Paswan S/o Pyare Paswan R/o Katai, P.S.- Naubatpur, District- Patna. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi- Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-07-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners apprehend their arrest in connection with Special Case No.34 of 2018 arising out of Naubatpur P. S. Case No.227 of 2018 registered for the offences punishable under Sections 420, 406 and 34 of the I.P.C. and Sections 7, 8, 13(1) (c) of the Prevention of Corruption Act,1988. Petitioners are said to have committed illegality in making selection of the beneficiaries for allotment of houses under Government Scheme and further, petitioner no.3 is said to

Patna High Court CR. MISC. No.70737 of 2019(4) dt.08-07-2020 2/2 have taken bribe from the beneficiary.

Learned counsel appearing for the petitioners submits that before institution of the present case, an inquiry was conducted, but in the aforesaid inquiry, it has been nowhere mentioned as to what illegality committed by the petitioners and so far as taking of bribe is concerned, the same is nothing, but only a super addition.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance-1st, Patna in connection with Special Case No.34 of 2018 arising out of Naubatpur P. S. Case No.227 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash/- U T