Rajeev Kumar @ Rajeev @ Pramod v. The State Of Bihar Through C.B.I.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22932 of 2018 Arising Out of PS.Case No. -15 Year- 2013 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Rajeev Kumar @ Rajeev @ Pramod S/o Late Surendra Pathak, R/o Vill.- Bania, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar Through C.b.i., .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Bipin Kumar Sinha (Sc,Cbi) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-06-2018 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with RC-15A of 2013 instituted for the offences punishable under Sections 120B, 420 of Indian Penal Code.
The case of the prosecution, according to the complaint filed by one Anunay Kumar is that one Sumesh Mahto, co-accused in the present case, had come at the house of the complainant and demanded 25% of the total arrear amount of pension for facilitating payment of the arrear amount of the pension. It has been further alleged that the genuineness of the allegation contained in the aforesaid complaint was verified by the CBI officials and then the present case was registered. The learned counsel for the petitioner submits that the main accused of the present case namely Sumesh Mahto who is said to have asked for bribe from the complainant and was
Patna High Court Cr.Misc. No.22932 of 2018 (4) dt.29-06-2018 2/2 caught red-handed by the trap team led by the CBI while accepting bribe of Rs. 15,000/-, has already been granted bail by the learned trial court. It is further submitted that as far as the petitioner is concerned, apart from his mobile number being used for the purpose of demanding bribe, no other allegation has been either leveled or any complicity of the petitioner has been found during the course of investigation. It is further submitted that the petitioner is having a clean antecedent and he is in custody since 12.01.2018.
Per contra, the learned counsel for the CBI Mr. Bipin Kr. Sinha has seriously and vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, CBI, Muzaffarpur in connection with RC case no. 15(A) of 2013.
(Mohit Kumar Shah, J) rinkee/- U T