IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35389 of 2011 BALESHWAR PRASAD, SON OF LATE NAGESHWAR PRASAD, RESIDENT OF VILLAGE SIMARIA, P.O. & P.S. REVELGANJ, DISTRICT SARAN (BIHAR) Versus THE STATE OF BIHAR ---------------- 02. 25.10.2011 Heard learned counsel for the petitioner and the State. Petitioner is a police officer. He was I.O. of Kazi Mohammadpur P.S. Case No.262 of 2010, which was lodged for the offence under Sections 406, 409, 120B, 420 of the Penal Code alleging fraud with reference to Kishan Credit Card against the Bank officials, Pinki Kumari and others, who fraudulently drew a huge amount after paying commission to the said Pinki Kumari. During investigation petitioner is alleged to be soft towards Pinki Kumari and such fact was brought to the notice of the superior police officers who passed order dated 7.4.2011 changing the I.O. of the case and appointing Sri Manish Kumar, Dy. S.P.(Headquarter), Muzaffarpur as the I.O. of the case. After change of I.O. the investigation further proceeded and during investigation it transpired that petitioner did not take appropriate action against Pinki Kumari after receiving bribe for being soft towards her. Several witnesses were examined not only under Section 161 Cr.P.C. but 2 also under Section 164 Cr.P.C. who supported the complicity of the petitioner in thwarting the investigation against Pinki Kimari. Appreciating the allegation levelled against the petitioner he was arrested on 4.7.2011. In the circumstances, at this stage of the case, I am not inclined to release the petitioner on bail. He shall, however, be at liberty to apply for bail after completing one year in jail custody. Rajesh/ ( V. N. Sinha, J.)