Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81070 of 2023 Arising Out of PS. Case No.-1258 Year-2023 Thana- DANAPUR District- Patna ====================================================== Sujeet Kumar Son Of Virendra Kumar Gupta @ Birendra Kumar Gupta Resident Of Village- Raghopur, P.O. And P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Special Vigilance Through Supretendant Of Police Vigilance Department, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Kumar Maharaj For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava For the Vigilance/s :

Mr. Anil Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner, learned counsel for the Vigilance and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 120(B) of the Indian Penal Code and Sections 7(a), 12 & 13 Prevention of Corruption Act.

3. As per prosecution case, the informant alleged that the DCLR demanded illegal gratification of Rs. 1,75,000/- for passing order in his favour. On 21.9.2023, the informant went with 1 lakh to the DCLR chamber who said to hand over the aforesaid amount to the petitioner. Thereafter, completing pertrap and post-trap by the vigilance team and they recovered the

Patna High Court CR. MISC. No.81070 of 2023(2) dt.15-12-2023 2/3 said amount from Almirah of the DCLR chamber and arrested the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner did not demand money from the informant in this concerning allegation. He is only a computer operator and his work is limited and he has not competent authority for passing the order regarding the concerning Mutation Case No. 72 of 2023-24. The petitioner has only complied the order of DCLR. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 21.9.2023.

5. Learned APP appearing for the state and learned counsel for the vigilance has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Special Case No. 24 of 2023 arising out of Danapur P.S. Case No. 1258 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.81070 of 2023(2) dt.15-12-2023 3/3 each to the satisfaction of learned Special Judge, Vigilance, Patna.

(Sunil Kumar Panwar, J) lata/- U T