Bhawani Nand Pal @ Bhawani Nandan Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1251 of 2020 Arising Out of PS. Case No.-332 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== BHAWANI NAND PAL @ BHAWANI NANDAN PAL Son of Hari Shankar Prasad Resident of Village-Mani, P.S.-Bikramganj, District-Rohtas ... Petitioner

Versus

1.

The State of Bihar Bihar 2.

The Director General of Vigilance Department , Patna, Bihar ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Niwas Prasad, Adv.

For the Opposite Party/s :

Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Bikramganj P.S. Case No. 332 of 2019, registered under Sections 387/34 of the Indian Penal Code and 7 of the Prevention of Corruption Act, 1988.

The accusation is that the informant, being the Station House Officer of Bikramganj Police Station, received a WhatsApp clip about taking the bribe by the patrolling party in the night from truck drivers. On verification it was detected that the said WhatsApp clip was loaded by Patrakar (journalist) for the place near Dhawa bridge, situated at Ara road. Thereafter, on verification the informant came to know that at that place is

(1) Sub Inspector of Police, Tanik Kumar, (2) BHG 122598 Constable, Bhawani Nandan Pal (petitioner), (3) BHG 122642 Constable, Chandan Kumar, (4) BHG 122685 Constable,

Patna High Court CR. MISC. No.1251 of 2020(2) dt.21-01-2020 2/2 Chandan Kumar, (5) BHG 120186 Constable, Vijay Kumar Singh and (6) the driver of the patrolling vehicle BHG 122804 Prashant Kumar Mishra were present.

Submission is that petitioner has falsely been implicated in this case mere on the basis of WhatsApp clip, which was not also clear. Further, submission is that coaccused, Vijay Kumar Singh, has already been allowed privilege of bail vide Cr. Misc. No. 86746 of 2019 on 16.01.2020. the petitioner is in custody since 12.10.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bikramganj P.S. Case No. 332 of 2019 to the satisfaction of the Special Judge, Vigilance, Patna.

(Rajendra Kumar Mishra, J) Shamshad/- U T