IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72526 of 2024 Arising Out of PS. Case No.-504 Year-2024 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Virendra Kumar Yadav @ Virendra Kumar, son of late Banshi Chaudhary, presently residing at Vill. Sareya, Ward No. 1, P.S. Gopalganj Town, District Gopalganj, permanent resident of Vill. Tirvirwa, P.S. Gopalganj Town, District-Gopalganj. ... ... Petitioner/s Versus 1. The State of Bihar 2. The Director, Vigilance Investigation Bureau, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Y. V. Giri, Sr. Advocate with Mr. Devashish Giri, Advocate For the State : Mr. Arun Kumar Pandey, APP For the Vigilance : Mr. Rana Vikram Singh, Spl. P.P. Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 4 31-01-2025 Heard Mr. Y. V. Giri, learned Senior Advocate for the petitioner and Mr. Rana Vikram Singh, learned Advocate for the Vigilance. 2. The petitioner apprehends his arrest in connection with Gopalganj Town P.S. Case No. 504 of 2024 (Spl. Case No. 7 of 2024), registered for the offences punishable under Section 379 of the Indian Penal Code and Sections 7(a) and 8 of the Prevention of Corruption Act, 1988 to which later on Section 12 of the Prevention of Corruption Act was also added. 3. Based upon the written report, the prosecution alleges that in course of investigation in connection with Town Patna High Court CR. MISC. No.72526 of 2024(4) dt.31-01-2025 2/5 P.S. Case No. 431 of 2024, the informant received a secret information that some persons have done money transaction from the accused persons to release the seized camels. In course of enquiry, one of the co-accused Danish Miya @ Danish has stated that on 11.06.2024, when his camels were seized, one of his relative made a phone call to him and asked to arrange money, as they have talked to the petitioner, who was posted as Chowkidar in Town P.S. and his associate, Ankit Tiwari who had told them to arrange money and that they will get his camels released. It has also surfaced that the petitioner had furnished his PhonePe Mobile No. 8887701479 to pay Rs.1,50,000/- to facilitate the release of camels. On being lured by his assurance, co-accused Danish Miya made arrangement and in such process, one Mahboob Miya @ Kallu Miya transferred Rs.30,000/- and further Rs.50,000/- on the PhonePe mobile no. 8887701479. It has further transpired that the phone number which was furnished by the petitioner is in the name of Ankit Kumar. It is also alleged that the petitioner along with co-accused Ankit Tiwari have also removed and sold 8 wheels and two batteries of the truck bearing Registration No. RJ 14 GP 0836, seized in connection with the aforenoted case. 4. Learned Senior Advocate for the petitioner Patna High Court CR. MISC. No.72526 of 2024(4) dt.31-01-2025 3/5 referring to the narrations made in the FIR contended that primarily the petitioner being the Chowkidar of the concerned Police Station was not the competent authority to release the camels in favour of the accused persons. Moreover, the alleged amount in question has never been handed over to the petitioner nor deposited in his account. The son of the petitioner is involved in the business of sale and purchase due to which transaction of money takes place. It is next contended that co- accused Danish Miya @ Danish, who has given the bribe, has been extended the privilege of bail by this Court in Cr. Misc. No. 61935 of 2024 vide order dated 04.09.2024. 5. Referring to the allegation, learned Senior Advocate further contended that even if it is taken to be true, no case under Sections 7(a), 8 and 12 of the Prevention of Corruption Act is made out against the petitioner, who is not holding even any post of public servant. So far Section 379 of the Indian Penal Code is concerned, the same is triable by the Magistrate. All the more the camels do not belong to Danish Miya and he has been given the same only on Zimmanama as is evident from Annexure-5. It is lastly contended that the petitioner bears fair antecedent and he has already been suspended; now he undertakes that he will fully cooperate in the Patna High Court CR. MISC. No.72526 of 2024(4) dt.31-01-2025 4/5 proceeding of the court. 6. On the other hand, learned Advocate for the Vigilance vehemently opposed the pre arrest bail application and submitted that the petitioner being the Chowkidar of the Police Station has received the amount in question through the account of his son in order to facilitate the release of camels in illegal manner. Moreover, undoubtedly the petitioner being the Chowkidar of Town P.S., offence under Sections 7(a), 8 and 12 of the Prevention of Corruption Act would certainly attract. So far the co-accused Danish Miya @ Danish is concerned, he has been granted regular bail by this Court and he was only a middle man; moreover the entire allegation in the case in hand revolves around the petitioner, who has furnished the PhonePe mobile number of his son and received the amount to the tune of Rs.80,000/-. 7. Regard being had to the submissions made on behalf of the parties and considering the materials available on record, prima facie, suggest the complicity of the petitioner in receiving the amount in question as a bribe in his account for release of camels, this Court is not acceded to the prayer of the petitioner for grant of anticipatory bail. However, if the petitioner surrenders before the court below, preferably within a Patna High Court CR. MISC. No.72526 of 2024(4) dt.31-01-2025 5/5 period of four weeks from today, his bail shall be considered without being prejudiced by this order. Anjani/- (Harish Kumar, J) U T