IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72961 of 2024 Arising Out of PS. Case No.-504 Year-2024 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Ankit Tiwari @ Ankit Kumar, Son of Bipin Tiwari @ Bipin Tiwar, Resident of Village- Bhitbherwa, 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. Pankaj Kumar Dubey, Advocate Mr. Ajay Kumar Singh, Advocate For the Vigilance : Mr. Arvind Kumar, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 4 07-02-2025 Heard learned Advocate for the petitioner and the 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 (hereinafter referred to as ‘the Act’). Later on, Section 12 of the Act was also added. 3. Based upon the written report, the prosecution alleges that in course of investigation in connection with Town 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 Patna High Court CR. MISC. No.72961 of 2024(4) dt.07-02-2025 2/5 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 Advocate for the petitioner contended that the allegation levelled in the F.I.R. is based upon the disclosure made by Danish Miya. Save and except the disclosure, there is no material suggesting the complicity of the petitioner. Even if Patna High Court CR. MISC. No.72961 of 2024(4) dt.07-02-2025 3/5 the allegation is taken to be true, it is the co-accused Virendra Kumar Yadav @ Virendra Kumar, who furnished the Phone Pay mobile number, through which an amount of Rs.80,000/- has been deposited; and during the course of investigation it has been transpired that the Phone Pay mobile number was of his son, namely, Ankit Kumar. Learned Advocate further contended that in the entire investigation it has not come that any money has been taken by the petitioner or transferred in his account. The alleged truck, bearing registration no. RJ14GP 0836, was seized on 11.06.2024 in connection with Gopalganj Town P.S. Case No. 431 of 2024 and the present F.I.R. has been lodged on 04.07.2024 with the afore-noted allegation, apart from extending bribe to Virendra Kumar Yadav and theft of eight wheels and two batteries of the said truck. However, there is no eye witness to the alleged theft and only a suspicion has been raised against the petitioner and co-accused Virendra Kumar Yadav; moreover, co-accused Danish Miya @ Danish has been admitted to regular bail vide order dated 04.09.2024, passed in Cr. Misc. No. 61935 of 2024. It is further contended that the petitioner is not a Government servant and, as such, the offence punishable under Sections 7(a), 8 and 12 of the Act is not maintainable against him. The petitioner bears no criminal Patna High Court CR. MISC. No.72961 of 2024(4) dt.07-02-2025 4/5 antecedent. 5. On the other hand, learned Advocate for the Vigilance vehemently opposed the bail application and submitted that apart from the fact that the prayer for anticipatory bail of Virendra Kumar Yadav has been turned down by this Court in Cr. Misc. No. 72526 of 2024 vide order dated 31.01.2025. From the narrations made in the F.I.R., it is evident that the petitioner has all along with Virendra Kumar Yadav and in fact he has worked as middleman between the accused persons and the Chowkidar. Further submission has been made that since the petitioner has worked as middleman with the public servant and the accused persons, who have given a bribe of Rs.80,000/- to co-accused person, the penal offence under the Prevention of Corruption Act is maintainable. It is lastly contended that there is specific allegation against the petitioner that he has stolen away the wheels and batteries of the truck, in question. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that there is no money transaction with the petitioner along with other accused persons; and the entire allegation against the petitioner is based upon the disclosure made by the co-accused Danish Miya, coupled with the fair antecedent, let the petitioner, Patna High Court CR. MISC. No.72961 of 2024(4) dt.07-02-2025 5/5 named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur in connection with Gopalganj Town P.S. Case No. 504 of 2024 (Spl. Case No. 7 of 2024), subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one one the bailors shall be the own/close relative of the petitioner. uday/- (Harish Kumar, J) U T