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Vikash Kumar Sinha @ Vikash Kumar v. the State of Bihar through the Vigilance Department, Government of Bihar, Patna

Patna HC5 Jun 2020CR. MISC./18599/2020

Case brief

AI extract

What is this about?

The High Court at Patna granted regular bail to the petitioner in a corruption case under the Prevention of Corruption Act. Bail was ordered conditioned on being granted only after the framing of charges by the Special Judge.

What did the court decide?

Petitioner released on regular bail after framing of charge upon furnishing bail bonds of Rs. 25,000 with two sureties of like amount.

Vikash Kumar Sinha @ Vikash Kumar Vs the State of Bihar through the… — Corruption | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18599 of 2020

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Arising Out of PS. Case No.-49 Year-2019 Thana- VIGILANCE District- Patna

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======================================================

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VIKASH KUMAR SINHA @ VIKASH KUMAR Son of Saryug Prasad Resident of Mohallah - Mahalpar, P.S. - BiharSharif, District - Nalanda. At present Awaas Sahayak, Block Tharthari, District - Nalanda.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR THROUGH THE VIGILANCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Y. C. Verma, Sr. Adv. Mr.Anil Kumar For the Opposite Party/s : Mr.Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 05-06-2020

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Heard learned Senior Counsel for the petitioner and

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learned Counsel for the Vigilance, through video conferencing.

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The petitioner seeks regular bail in connection with Special Case No. 45 of 2019/Patna Vigilance Police Station Case No. 49 of 2019, registered for the offences punishable under Section 7(a) of the Prevention of Corruption Act, 1988.

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The allegation against the petitioner, as per the First Information Report, is that the informant, Kamesh Prasad, made a complaint before the Vigilance that a sum of Rs. 1,20,000/was sanctioned under Pradhan Mantri Awas Yojana and out of which a sum of Rs. 80,000/- was received by the complaint and for payment of the balance amount of Rs. 40,000/-, the

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Patna High Court CR. MISC. No.18599 of 2020(2) dt.05-06-2020 2/3

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petitioner was demanding a sum of Rs. 10,000/-, as bribe. On the basis of the complaint so made, a trap was led by the Vigilance and the petitioner was caught red-handed taking bribe of Rs. 10,000/- and the Vigilance Officials prepared pre-trap and post-trap memorandum.

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Learned Senior Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the petitioner was not the sanctioning authority of the amount meant for Pradhan Mantri Awas Yojana. He further submits that the Vigilance authority, after completion of the investigation, has submitted charge sheet and the case is pending for framing of charge.

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On the other hand, learned Counsel for the Vigilance vehemently opposes the prayer for bail. Upon query about the stage of the case, he informs that the application for discharge filed on behalf of the petitioner has been dismissed and the case is fixed on 08^th June, 2020, for framing of charge against the petitioner.

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After having heard learned Counsel for the parties and taking into consideration the fact that investigation in the case has, now, been completed and the case is at the stage of framing of charge, I am inclined to grant regular bail to the petitioner.

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Patna High Court CR. MISC. No.18599 of 2020(2) dt.05-06-2020 3/3

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Accordingly, let the petitioner, above named, be released on bail, after framing of charge, upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Patna, in connection with Special Case No. 45 of 2019/Patna Vigilance Police Station Case No. 49 of 2019, subject to the condition that the petitioner shall appear on each and every date fixed in the case and his bail bonds would be cancelled if he fails to appear on two consecutive dates.

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It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

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(Anil Kumar Sinha, J.)

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Prabhakar Anand/-

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U √ T √

Vikash Kumar Sinha @ Vikash Kumar v. the State of Bihar through the Vigilance Department, Government of Bihar, Patna

Case brief

What is this about?

What did the court decide?

Vikash Kumar Sinha @ Vikash Kumar v. the State of Bihar through the Vigilance Department, Government of Bihar, Patna

Case brief

What is this about?

What did the court decide?

What the court decided

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