Allowed¶18

Arvind Kumar Tiwari v. The Vigilance Investigation Bureau

Patna HC29 Jul 2024CR. MISC./25792/2024

Case brief

AI extract

What is this about?

Regular bail granted; Section 7 Prevention of Corruption Act (P.C. Act); Vigilance Investigation Bureau / Special Vigilance Unit trap case; bribe demand Rs. 10,000 for SSA grant and mid-day meal works; Rs. 8,000 recovered from back pocket of trouser; Block Education Officer (BEO), Patahi, East Champaran; custody since 13.02.2024; bail-bond Rs. 20,000 with two like sureties; CR. MISC. No.25792 of 2024; decided 29-07-2024 by Chandra Prakash Singh, J.

What did the court decide?

Petitioner enlarged on regular bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Patna, in connection with Special Case No. 2 of 2024 arising out of S.V.U. P.S. Case No. 01/2024. ¶18

Arvind Kumar Tiwari Vs The Vigilance Investigation Bureau — Corruption | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25792 of 2024

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Arising Out of PS. Case No.-1 Year-2024 Thana- VIGILANCE District- Patna

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

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Arvind Kumar Tiwari Son of Late Sitaram Tiwari Resident of VillageKeshari Nagar, Post Office- Barka Gaon, Police Station- Karja, Dist.Muzaffarpur, At present Block Education Officer (BEO), Block- Patahi, Dist.East Champaran (Motihari)

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... ... Petitioner/s

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The Vigilance Investi	gatio	Versus n Bureau Patna
================	===	... ... Opposite Party/s ===================================
Appearance : For the Petitioner/s For the Opposite Party For the S.V.U. ================	: : : ===	Mr. R.K. Sharma, Sr. Advocate Mr. Ranvijay Narain Singh, Advocate Mr. Arvind Kumar, APP Mr. Rana Vikram Singh, Advocate ===================================
CORAM: HONOUR SINGH	AB	LE MR. JUSTICE CHANDRA PRAKASH

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ORAL ORDER

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3 29-07-2024

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Heard learned counsel for the petitioner and learned

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A.P.P for the State as well as learned Special Vigilance Unit.

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2. The petitioner has preferred this application for

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grant of regular bail in connection with Special Case No. 2 of 2024, arising out of S.V.U. P.S. Case No. 01/2024 dated 12.02.2024 registered for the offence punishable u/s 7 of the P.C. Act.

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3. As per the prosecution case, the complainant is posted as Head Master in NPS Parsonikpur, Dusadh Tola. The Government has approved SSA grant for development of school as well as for mid-day meal. The complainant has alleged that the Block Education Officer, Patahi Sri Arvind Kumar Tiwari

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Patna High Court CR. MISC. No.25792 of 2024(3) dt.29-07-2024 2/3

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always used to call him and demand bribe of Rs. 10,000/- for both works and the petitioner used to threat him that if the said money was not paid to him, the complainant would have to face the departmental proceedings.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.02.2024.

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5. Learned A.P.P. for the State as well as learned Special Vigilance Unit have vehemently opposed the bail petition of the petitioner. As per the counter affidavit filed by the Special Vigilance Unit, it is true that the petitioner took Rs. 8,000/- from the informant and kept it in his back pocket of trouser. The SVU team has recovered that amount from his back pocket. So, the offence u/s 7 of the P.C. Act is committed.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

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Patna High Court CR. MISC. No.25792 of 2024(3) dt.29-07-2024 3/3

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the like amount each to the satisfaction of learned Court concerned, Patna in connection with Special Case No. 2 of

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2024, arising out of S.V.U. P.S. Case No. 01/2024.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-