Upendra Ram v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.33246 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33246 of 2017 Arising Out of PS.Case No. -123 Year- 2017 Thana -MASAURHI District- PATNA ====================================================== Upendra Ram, Son of Late Jagdish Ram, R/o Vill.- Gangapur, P.S.- Jankinagar, District- Purnia. At present Sub-Inspector of Police (suspended), P.S.- Masaurhi, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Vigilance, Govt. of Bihar, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Masaurhi Police Station Case No. 123 of 2017, disclosing offences under Section 420 of the Indian Penal Code and 7/13(2) & 13(i)(d) of Prevention of Corruption Act, 1988. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be investigating officer of Masaurhi P.S. Case No. 468 of 2016 in which the close relatives of the informant have been made accused and in order to save their relatives, a false and fabricated

Patna High Court Cr.Misc. No.33246 of 2017 (2) dt.20-07-2017 case has been lodged by the informant against the petitioner. Moreover, now the parties have amicably compromised the dispute and nothing remains to be prosecuted against the petitioner, which is evident form annexure-4 Hence, the petitioner, who is of clean antecedent, deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance- I, Patna, in connection with Masaurhi Police Station Case No. 123 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T