The Patna High Court granted bail to Ajit Kumar, accused of accepting a bribe under the Prevention of Corruption Act, noting clean antecedents and missing technical evidence, even though he was caught red-handed.
The petitioner is directed to be released on bail by furnishing a bail bon of Rs.10,000 with two sureties.
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.20708 of 2022
Arising Out of PS. Case No.-1 Year-2022 Thana- C.B.I CASE District- Muzaffarpur
======================================================
Ajit Kumar Son of Late Shyam Nandan Singh R/O- Village- Pursotampur, P.S.- Maniyari, District- Muzaffarpur The Then Rajaswa Karamchari Halka No. 12, Mushahari Anchal, Ward -30, Block Mushahari, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Through A.D.G. Vigilance Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate : Mr. Nawal Kishore Prasad, Advocate For the Vigilance : Mr. Rana Vikram, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
3 20-10-2022
At the outset learned counsel for the petitioner submitted that at page no.10, in the prayer portion, of the bail petition, inadvertently, satisfaction has been wrongly typed as ‘Special Judge, Prevention of Correction Act, Muzaffarpur’ instead of ‘Special Judge, Prevention of Corruption Act, Muzaffarpur’.
Accordingly, learned counsel for the petitioner is directed to make the necessary correction during the course of the day itself.
Heard learned senior counsel appearing on behalf of the petitioner and learned Special P.P. appearing on behalf of the Vigilance.
Let the defect(s), if any, be removed within a period
Patna High Court CR. MISC. No.20708 of 2022(3) dt.20-10-2022 2/4
of four weeks from today.
The petitioner seeks bail in connection with Vigilance (Patna) P.S. Case No. 1 of 2022 registered for the offence under Section 7(a) of the P.C. Act.
The accused/petitioner is named in the F.I.R. and is in custody since 06.01.2022.
The allegation against the petitioner is to accept bribe of Rs.50,000/- (Rupees Fifty Thousand) and was caught red handed while accepting so, for the purpose of illegal mutation.
Learned senior counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the present case due to dispute and difference, arises over official matters with co-workers. It is submitted that cash of Rs. 50,000/- (Rupees Fifty Thousand) was handed over to the petitioner by informant, which was to be deposited with state against valid receipt but same could not be issued due to his arrest. It is pointed out that petitioner is a man of clean antecedent. It is further submitted that chargesheet has been submitted without obtaining the FSL report, as regard to chemical solution and also the voice recording of the petitioner.
Learned Special P.P., Mr. Rana Vikram, appearing on behalf of the Vigilance, while opposing the prayer of bail,
Patna High Court CR. MISC. No.20708 of 2022(3) dt.20-10-2022 3/4
submitted that petitioner was caught red handed with cash of Rs.50,000/- (Rupees Fifty Thousand).
In view of the facts and circumstances, as mentioned above, as chargesheet has been submitted without obtaining chemical analysis report and also the voice recording of the petitioner, where petitioner is a man of clean antecedent and is in custody since 06.01.2022, let the petitioner, above named, is directed to be released on bail in connection with Vigilance (Patna) P.S. Case No. 1 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Prevention of Corruption Act, Muzaffarpur/concerned Court, subject to the following conditions:
“(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.
(ii) That one of the bailors shall be
Patna High Court CR. MISC. No.20708 of 2022(3) dt.20-10-2022 4/4
Amit Kumar, who is the brother-in-law of the petitioner and deponent of the present bail petition.”
(Chandra Shekhar Jha, J)
Ankit/- U T
3 issues framed by the court
Whether the petitioner should be released on bail considering he was caught red-handed accepting a bribe.
Whether the absence of FSL report and voice recording justifies bail despite the specific allegations.
Whether the petitioner being a man of clean antecedents affects the bail decision.
1 provisions across 1 enactments
Ajit Kumar Son of Late Shyam Nandan Singh
The State of Bihar Through A.D.G. Vigilance Bihar
CHANDRA SHEKHAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
