Patna High CourtCR. MISC./16931/2018bail granted

Anil Kumar Singh @ Anil Kumar @ Constable 234 Anil Kumar v. State Of Bihar And ANR

2018-03-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16931 of 2018 Arising Out of PS.Case No. -322 Year- 2016 Thana -BUXAR District- BUXAR ======================================================

1. Anil Kumar Singh @ Anil Kumar @ Constable 234 Anil Kumar, Son of Sri Ramdeo Singh, Resident of Village- Chaugari Kala, P.O.- Gachhai, P.S.- Karakat (Godari), District- Rohtas.s .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The D.G. Vigilance, Government of Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate Mr. Rohit Kumar No.5, Advocate Mrs. Kanchan Jha, Advcoate Ms. Nitu Kumari, Advocate Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP Mr. Ramakant Sharma, LO I/C Vigilance Mr. Kedar Singh, AC to LO ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 223/224/384/34 of the Indian Penal Code and Sections 13(1)A/D(i)(ii) of the Prevention of Corruption Act, 1988.

Allegation is that petitioner who is a constable, along with other police personnel as well as police officer apprehended two gamblers and released them after accepting bribe of Rs.1,90,000/-. Petitioner is in custody since 25.01.2018.

Patna High Court Cr.Misc. No.16931 of 2018 (2) dt.28-03-2018 P2/ Submission is that similarly situated two constables, namely, Rakesh Rai, Jitendra Kumar and Sushil Kumar @ Sushil Kumar have already been allowed bail by two different coordinate Benches of this Court and by this Court also. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Buxar Town P.S. Case No.322 of 2016 (Special Case No.41B of 2016) with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T