Saurabh Kumar vs. The State Of Bihar

Facts

The petitioner, Saurabh Kumar, an Inspector in the CGST office, Hajipur, is seeking regular bail. He is in custody since February 26, 2022, in connection with Spl. Case No. 04 of 2022, arising out of R.C. No. 04 (A) of 2022. The prosecution alleges that the Superintendent of CGST, Hajipur, demanded a bribe of Rs. 10,000/- for the continuation of CGST registration. The petitioner was allegedly caught red-handed accepting Rs. 7,000/- on the Superintendent's dictate. The investigation is complete, and a charge-sheet has been filed. The Superintendent of CGST has already been granted bail by this Court.

Held

The Court granted regular bail to the petitioner. The reasoning was based on several factors. Firstly, the petitioner's senior officer, the Superintendent of CGST, against whom the primary allegation of demanding the bribe was made, had already been granted bail by a coordinate bench of this Court. Secondly, the petitioner had been in custody since February 26, 2022, and possessed clean antecedents. The Court also noted that the investigation was complete and a charge-sheet had been filed. The ratio decidendi is that when a senior officer involved in a similar alleged offense has been granted bail, and the accused has been in custody for a significant period with no adverse antecedents, bail may be considered, subject to conditions. The operative direction was to release the petitioner on bail upon furnishing bail bonds of Rs. 20,000/- with two sureties of like amount, subject to conditions including cooperation in the trial, presence on each date, not tampering with evidence, and a clause for cancellation of bail in case of default.

Key Issues

1. Whether the petitioner is entitled to regular bail, considering he was allegedly caught accepting a bribe, the investigation is complete, and a charge-sheet has been filed? (Question of law and fact, turning on Section 439 of the Code of Criminal Procedure, 1973). Petitioner's arguments: The petitioner contends that the alleged bribe was demanded by his senior, the Superintendent, and he merely received the amount on the Superintendent's instructions. He highlights that the Superintendent has already been granted bail by a coordinate bench of this Court. Furthermore, the investigation is complete, charge-sheet filed, and cognizance taken, with no indication that the petitioner's release would hinder the trial. The petitioner also claims to have fair antecedents and has been in custody since February 26, 2022. Revenue/State's arguments: The CBI opposes the bail application, stating that the petitioner was caught red-handed accepting the bribe money, and the police have submitted a charge-sheet after finding sufficient material against him.