Dhruv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82655 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- C.B.I CASE District- Bhagalpur ====================================================== Dhruv Kumar Son of Late Mohan Prasad (Circle Officer Triveniganj, Supaul.)Resident of Village - Sapatta, P.S.- Tikapatti, Distt - Purnea. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Department of Vigilance through Director Vigilance, Investigation Beauro, Bailey Road, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikram Singh, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 S.A. filed on behalf of petitioner may be kept on record.
Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Vigilance P.S. Case No. 33/19 (Special Vigilance case No. 02/2019), registered for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 2018.
Informant is Sub-Inspector, Vigilance Investigation Bureau, Patna. The informant alleged that complainant Sikandar Paswan had earlier filed an application dated 01.08.2019 in his office. The said application relates to demand of bribe of Rs. 5,000/- by Dhruv Kumar (petitioner), Circle Officer, Triveniganj, Supaul against issuance of rent receipt of land from
Patna High Court CR. MISC. No.82655 of 2019(2) dt.12-12-2019 2/3 the complainant. The land is in the name of complainant's grandmother. The office has directed him to verify the matter. On 02.08.2019, the informant along with complainant went at the house of petitioner where the petitioner is alleged to have demanded Rs. 15,000/- for issuing rent receipt. It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. During course of investigation, it has come that description of land, as stated in the petition is different from the report submitted by Halka Karmchari. Charge-sheet has already been submitted. Petitioner is in custody since 07.08.2019 having clean antecedent. There is no allegation of threat or tampering with evidence.
Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge-cum-Vigilance Judge, Bhagalpur in connection with Vigilance P.S. Case No. 33/19 (Special Vigilance Case No. 02/2019), subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall
Patna High Court CR. MISC. No.82655 of 2019(2) dt.12-12-2019 3/3 be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T