The Patna High Court released the respondent, a constable accused of corruption and cheating, on bail upon furnishing bonds and sureties subject to specific conditions regarding behavior and court attendance.
Released on bail upon furnishing bonds of Rs. 25,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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.
| The State of Bihar =============== |
========== | ... ... Petitioner/s Versus ... ... Opposite Party/s ============================= |
|---|---|---|
| Appearance : | ||
| For the Petitioner/s For the State =============== |
: Ms. : Mr. ========== |
Nivedita Nirvikar, Advocate 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.
Patna High Court CR. MISC. No.32241 of 2020 dt.19-01-2021 2/3
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.
Patna High Court CR. MISC. No.32241 of 2020 dt.19-01-2021 3/3
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.
(Ahsanuddin Amanullah, J.)
P. Kumar
| AFR/NAFR U T |
|---|
1 issue framed by the court
Whether the petitioner should be released on bail in a corruption case involving illegal gratification.
2 provisions across 2 enactments
The State of Bihar
Subodh Kumar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
