Allowed

Jitendra Paswan v. the State of Bihar

Patna HC22 Nov 2021CR. MISC./23315/2021

Case brief

AI extract

What is this about?

The High Court at Patna granted regular bail to the petitioner in a Special Case under Sections 7/12 of the Prevention of Corruption Act, 1988, directing release on bond with conditions regarding antecedents, document submission, compliance with trial dates, and cooperation.

What did the court decide?

Petitioner directed to be released on bail bond of Rs. 25,000 with two sureties of like amount upon specific conditions framed by the court.

Jitendra Paswan Vs the State of Bihar — Corruption | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23315 of 2021

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Arising Out of PS. Case No.-611 Year-2020 Thana- GARKHA District- Saran

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

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JITENDRA PASWAN Son of Late Ramashray Paswan Posted as Rajashwa Karamchari, Garkaha, Block- Garkha, Distt.- Saran, Resident of Village - at and P.o.- Tailmar, Distt.- Nalanda.

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Versus

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THE STATE OF BIHAR

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate For the Opposite Party/s : Mr. APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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4 22-11-2021

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks regular bail in connection with Garkha P.S. Case No.611 of 2020 Special Case No.26 of 2020 registered for the offence under Sections 7/12 of the Prevention of Corruption Act, 1988.

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As per prosecution case, the petitioner is involved in seeking money as bribe for performing his official duty.

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Learned counsel for the petitioner submits that the petitioner has committed no offence and he has falsely been implicated in this case on the basis of suspicion. He further submits that the petitioner has been arrested on 18.12.2020 in the office and nothing has been recovered from the conscious

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Patna High Court CR. MISC. No.23315 of 2021(4) dt.22-11-2021 2/3

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possession of the petitioner. He further submitted that the raid was conducted by the Circle Officer, having no authority to conduct the same, and the seizure list was prepared by him.

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However, learned APP for the State vehementally opposed the prayer for regular bail.

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In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Vigilance, North Bihar Muzaffarpur in connection with Special Case no. 26 of 2020 (Garkha P.S. Case No. 611 of 2020) with following conditions:-

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(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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(ii) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

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(iii) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to

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Patna High Court CR. MISC. No.23315 of 2021(4) dt.22-11-2021 3/3

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how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

Jitendra Paswan v. the State of Bihar

Case brief

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Jitendra Paswan v. the State of Bihar

Case brief

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