Subodh Kumar vs The State Of Bihar
2021 Latest Caselaw 191 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No. 32241 of 2020
Arising Out of PS Case No.-203 Year-2020 Thana- AURANGABAD TOWN District- Aurangabad
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Subodh Kumar, Male, age about-35 years, Son of Indal Yadav, Resident of Village - Dihuri, P.S. - Goh, District - Aurangabad.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Nivedita Nirvikar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-01-2021

Heard Ms. Nivedita Nirvikar, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with

Aurangabad Town PS Case No. 203 of 2020 dated 25.06.2020,

instituted under Sections 384/34 of the Indian Penal Code and 7 of

the Prevention of Corruption Act, 1988.

3. The allegation against the petitioner is that he

received illegal gratification from a shopkeeper in lieu of

overlooking recovery of some illegal item.

4. Learned counsel for the petitioner submitted that he is

a constable driver of the local police station and was on patrolling

duty along with a Sub-Inspector and though the allegation is that Patna High Court CR. MISC. No.32241 of 2020 dt.19-01-2021

he went to the informant and demanded Rs. 25,000/- and the

officer also reiterated that what was being demanded by the

petitioner was the amount to be paid by the informant, the

circumstances do not support such allegation. It was submitted

that as per the FIR, the demand was Rs. 25,000/-, but later on, the

informant has stated that he had given only Rs. 17,000/- and when

the petitioner returned to the police station, the Officer In-charge

searched him and from his pocket, there was recovery of Rs.

16,600/-. Learned counsel submitted that if it is believed that the

payment made was Rs. 17,000/- and the superior officer was in the

jeep, then it cannot be expected that the superior officer would

take only Rs. 400/- and rest Rs. 16,600/- would remain with the

petitioner. Learned counsel submitted that the petitioner has a

clean service record and no criminal antecedent and is in custody

since 26.06.2020.

5. Learned APP submitted that there is recovery of Rs.

16,600/- from the pocket of the petitioner.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Special Judge Patna High Court CR. MISC. No.32241 of 2020 dt.19-01-2021

Vigilance-Ist , Patna in Aurangabad Town PS Case No. 203 of

2020 subject to the conditions (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

7. This order is subject to the main application

supported by affidavit being e filed by learned counsel for the

petitioner latest by day after tomorrow.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar

AFR/NAFR U T