The High Court granted pre-arrest bail to a Sub-Inspector of Police accused of demanding gratification. The court noted the lack of material collected by State Vigilance and released the petitioner on bail within four weeks.
Petitioner granted release on pre-arrest bail on furnishing a bond of Rs.10,000 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.43851 of 2022
Arising Out of PS. Case No.-688 Year-2021 Thana- ARA NAGAR District- Bhojpur
======================================================
Dilip Kumar Nirala Son of Shri Basudeo Das, Resident of Village - Genjna, P.S.- Imamganj, Distt.- Gaya.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinay Ranjan, Advocate For the Vigilance : Ms.Archana Pallkar Khopde, Advocate For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
7 15-05-2023 The petitioner seeks pre-arrest bail in connection with Special P.S.Case No.04/2022 aising out of town (Ara) P.S.Case No.688/2021, registered for the offences punishable under Sections 420/406 of the Indian Penal Code read with Secton 13(a)(b) of the Prevention of Corruption Act, 1988.
Prosecution story, in brief, is that the petitioner while
he was posted as Sub-Inspector of Town (Ara) Police Station had demanded illegal gratification of Rs.26,500/- from the informant for evicting the tenant from the newly purchased house of the informant. Informant is not a government official.
The learned counsel appearing on behalf of the petitioner submits that no case under Section 13(a) (b) of the
Patna High Court CR. MISC. No.43851 of 2022(7) dt.15-05-2023 2/3
Prevention of Corruption Act, 1988 is made out in want of any evidence in terms of provisions of Prevention of Corruption Act. No raid was conducted in the present case either by the State Vigilance or by the Central Bureau of Investigation. The petitioner had rather suggested the informant that eviction can only be done by following the process of law and in absence of order of any competent court, any action as demanded by the informant is not under his jurisdiction. Petitioner has clean antecedent.
Learned counsel appearing on behalf of the State Vigilance submits that the State Vigilance has role in the present case, as the investigation is being conducted by the State Police.
Considering the rival submissions made by the parties and the allegation made in the FIR against the petitioner, who is Sub Inspector of Police and the State Vigilance has not collected any material against the petitioner, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Patna in connection with Special P.S.Case No.04/2022, arising out of
Patna High Court CR. MISC. No.43851 of 2022(7) dt.15-05-2023 3/3
Town (Ara) P.S.Case No.688/2021 dated 26.09.2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J)
chn/-
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2 issues framed by the court
Whether the petitioner is entitled to release on pre-arrest bail given the lack of material collected by State Vigilance.
Whether the allegations under Section 13(a)(b) of the Prevention of Corruption Act sustain in the absence of evidence.
2 provisions across 2 enactments
Dilip Kumar Nirala
The State of Bihar
The Superintendent of Police
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
