Radhe Shyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68844 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- VIGILANCE District- Patna ====================================================== RADHE SHYAM KUMAR S/o Late Mahendra Kumar Resident of Babhandiha, P.S.- Hilsa, District- Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
THE STATE OF BIHAR THROUGH VIGILANCE Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Parasar For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner as well as learned counsel representing Vigilance department. Petitioner seeks bail in a case registered under section 7(a) of P.C. Act.
Petitioner has been apprehended in trap case and allegedly Rs 35,000/- has been recovered from him. Counsel for the petitioner submits that allegations are palpably false and the petitioner has falsely been roped in this case as allegation of demand was of Rs 45,000/-, however, recovery is of Rs 35,000/-. He further submits that charge sheet has been submitted against the petitioner and he is in custody since 28.06.2019.
Learned counsel for the Vigilance submits that charges
Patna High Court CR. MISC. No.68844 of 2019(2) dt.11-12-2019 2/2 are likely to be framed in near future.
In view of said submissions, this court would direct that upon framing of the charges, petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, Bhagalpur in Special Case no. 12/2019 arising out of Vigilance P.S. Case no. 27/2019 subject to the following conditions.
(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J) s.hassan/- U T