Manoj Kumar Mishra vs State Of Jharkhand

Sujit Narayan Prasad, J

The instant application has been filed under Section 439 and 440 of the Cr.P.C. seeking therein direction to enlarge the petitioner on regular bail in connection with Special Vigilance Case No.12 of 2023, corresponding to Dhanbad A.C.B. P.S. Case No. 12 of 2023, registered for the offence under Section 7 of the Prevention of Corruption (Amendment) Act, 2018 pending in the court of learned Additional Sessions Judge-X-cum- Special Judge (ACB), Dhanbad.

It has been submitted by Mrs. J. Mazumdar, learned counsel appearing for the petitioner, that it is a case where there is no recovery of the tainted money from the physical possession of the petitioner, rather, the money has been said to be recovered from the pocket of the trousers kept in a handkerchief and the place of occurrence was garage.

It has been contended by referring to the Pre-Trap Memorandum that the prosecuting agency has referred therein that since the said tainted amount was not touched by the petitioner with his hands, hence, no effort was made to wash his fingers in the solution of the Sodium Carbonate.

Therefore, it has been questioned that since the admitted fact as per the prosecution version is that the money was not taken by the petitioner in his hands, then the question arises that how the money has been given in the handkerchief of the petitioner which has been said to be found in the pocket of the trousers of the petitioner.

Further submission has been made that the handkerchief was put in the solution of Sodium Carbonate but very surprisingly no effort was made to wash the pocket of the trousers in the solution which itself shows the falsity of the prosecution case.

In addition to that, the ground of custody has been taken since the petitioner is languishing in judicial custody since 13.12.2023.

While on the other hand, Mrs. Priya Shrestha, learned Special Public Prosecutor appearing for the State, has vehemently opposed the prayer for bail.

It has been submitted that it is a case where the tainted money has been recovered from the physical possession of the petitioner.

This Court has heard learned counsel for the parties, gone across the averments made in the present petition as also the finding recorded by the learned court while considering the prayer for regular bail.

This Court, having heard the learned counsel for the parties and taking into consideration that the petitioner is languishing in judicial custody since 13.12.2023 and chargesheet has been submitted, is of the view that the present application is to be allowed.

Accordingly, the instant bail application stands allowed.

In consequence thereof, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-X-cum- Special Judge (ACB), Dhanbad in connection with Special Vigilance Case No.12 of 2023, corresponding to Dhanbad A.C.B. P.S. Case No. 12 of 2023, subject to the conditions that the petitioner shall co-operate in the trial. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that trial be not hindered.