Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74487 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- VIGILANCE District- Patna ====================================================== SANJIV KUMAR S/O LATE RAM NARAYAN SINGH R/O VILLAGEARAI, P.S- SHAHJAHNAPUR, DISTT.- PATNA, THEN PANCHAYAT ROJGAR SEWAK, PANCHAYAT ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE VIGILANCE(PATNA) THROUGH SUPERINTENDENT OF POLICE BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sujit Kumar For the Opposite Party/s :

Mr.Rina Sinha For the Vigilance :

Mr. Anil Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well learned counsel for the Vigilance.

2. The petitioner is in custody since 11.09.2023 in connection with Vigilance (Patna) P.S. Case No. 08 of 2023 registered for the offence punishable under Sections 7(a) of Prevention of Corruption Act, and 120(B) of the Indian Penal Code.

3. As per the prosecution case, one Binod Kumar Singh was trapped. The petitioner is conduit of Binod Kumar Singh.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.74487 of 2023(2) dt.29-11-2023 2/3 petitioner has been falsely implicated in this case. He further submitted that the petitioner has never demanded any gratification nor any recovery has been made from the petitioner. It is next submitted that co-accused Binod Kumar Singh for whom the alleged bribe is said to have been taken, has already been granted bail. The petitioner has no criminal antecedents.

5. Mr. Anil Singh, learned counsel appearing on behalf of the Vigilance has vehemently opposed the prayer for bail and he has submitted that co-accused Binod Kumar Singh has been granted bail after remaining in custody for six months and, therefore, the case of the petitioner is not similar to coaccused Binod Kumar Singh.

6. Considering the facts that the petitioner was not trapped while accepting the amount and also considering the fact that he is a government servant and there is no chance of his absconding or tampering with the evidence, the present application for grant of bail is allowed.

7. Accordingly, 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, Vigilance, Muzaffarpur in

Patna High Court CR. MISC. No.74487 of 2023(2) dt.29-11-2023 3/3 connection with Vigilance (Patna) P.S. Case No. 08 of 2023. (Sandeep Kumar, J) Saif/- U T