Pankaj Kumar v. The Vigilance Investigation Bureau, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79621 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- VIGILANCE District- Patna ====================================================== PANKAJ KUMAR Son of Late Baijnath Rajak C.O., Kudhani, R/o vill - Sotichak, P.S. - Fatuha, Dist. - Patna ... ... Petitioner/s

Versus

The Vigilance Investigation Bureau, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 7(a), 7(c), 12 of the Prevention of Corruption Act.

3. As per prosecution case, the petitioner is alleged to have been caught red handed after completing per-trap and posttrap by the vigilance team. Thereafter, from possession of the petitioner Rs. 40,000/- cash was recovered which is said to be bribe money and the same was demanded by him from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is Circle Officer and he has falsely been implicated in

Patna High Court CR. MISC. No.79621 of 2023(4) dt.29-02-2024 2/2 this case. It is also submitted that on order of DCLR and Sub Divisional Officiver, the petitioner initiated proceedings for demarcation of land but the same was not done til 10.11.2018. the informant was not present on next date i.e. 26.11.2021. thereafter, a notice vide Memo No. 469 was issued to the petitioner for clearing encroachment of land. It is also submitted that charge-sheet has been already submitted. The petitioner has got no criminal antecedent and languishing in judicial custody since 18.8.2023.

5. Learned counsel on behalf of Vigilance has opposed the prayer of bail.

6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Special Case No. 19 of 2023 arising our of Vigilance Case No. 29 of 2023 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, North Bihar, Muzaffarpur.

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