Tanik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73800 of 2019 Arising Out of PS. Case No.-332 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== TANIK KUMAR Son of Jugal Kishore Singh Resident of Village - Wazirganj Motibigha, Near Shiv Mandir, P.S.- Wazirganj, Distt.- Gaya. at Present Posted as Assistant Sub Inspector of Police, Bikramganj Police Station, Dist.- Rohtas at Sasaram.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 384/34 of the Indian Penal Code.

The prosecution case as per the self statement of Priya Ranjan, Inspector-cum-S.H.O., recorded on 02.07.2019 at 06.00 P.M. is to the effect that on the same day, at 5.30 P.M. while the informant was going through the messages received on the WhatsApp of his mobile phone, he saw a video clip posted by

Patna High Court CR. MISC. No.73800 of 2019(3) dt.16-03-2020 2/3 one Ranjan Singh Rajpoot in which a constable was found taking something from the truck driver.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion and without verifying the legitimacy of the video clip or taking statement of the person who posted the said video clip, the FIR has wrongly been lodged against the petitioner.

It is submitted by learned APP for the State after going through the case diary that on the basis of video clip, it was suspected that the petitioner was receiving some gratification from the truck driver. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Considering the nature of accusation based on suspicion and statement made in para 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance, Patna, in connection with Special Case No.29 of 2019, arising

Patna High Court CR. MISC. No.73800 of 2019(3) dt.16-03-2020 3/3 out of Bikramganj P.S. Case No. 332 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T