IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1594 of 2011
Binod Kumar Shaw .... Petitioner
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. K.K.Mishra
For the Opposite Party : Addl.P.P.
12.10.2011
Heard the learned counsel for the petitioner and the learned
counsel for the State.
This is an application for grant of anticipatory bail filed by the
petitioner in connection with special case no. 87 of 2010 for the offence
registered under sections 408/409/418/420/421/120B/34 of the Indian Penal
Code and sections 13(1)(c ) (d) of the Prevention of Corruption Act.
It reveals from the complaint that Smt. Archana Singh,
CDPO, had been collecting bribe from Aanganbari Sewikas for passing bills and
she used to collect the bribe through her Agent and the petitioner happens to
be one such Agent.
It is submitted that the main accused Smt. Archana Singh,
CDPO, Jamtara, has been granted anticipatory bail vide ABA No. 2410 of 2010.
The petitioner is not a Government employee and therefore question of taking
bribe does not arise at all.
Learned counsel for the Vigilance does not dispute grant of
anticipatory bail to the co-accused, but opposed the prayer.
Since the main accused is enjoying the privilege of bail, the
petitioner above named is directed to appear/ surrender before the court below
within a period of two weeks positively from the date of this order and on his
surrender, he shall be released on bail on furnishing bail bond of Rs.10,000/-
(rupees ten thousand) with two sureties of the like amount each to the
satisfaction of the Special Judge, Ranchi, in connection with Special case no.
87/2010 arising out of Jamtara PS Case No. 180 of 2010, subject to the
conditions laid down under section 438(2) Cr.P.C.
Ambastha/- ( D.N.Upadhyay,J.)