IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38898 of 2008 BIPIN KANT TIWARY Versus STATE OF BIHAR ----------- 4. 9.1.2009 Heard Mr. Tara Kant Jha, learned senior counsel for the petitioner, Mr. C. Chaurasia, learned counsel for the vigilance and Mr. Dashrath Mehta, learned A.P.P. The petitioner, the Motor Vehicle Inspector in the State of Bihar, stands indicted for having received bribe of over Rs.30,000/- as per in the F.I.R. and as also from the seizure memo on account of allowing the trucks plying at N.H.-2 overloaded and escaping payment which is required to be made by them for such overloading of the vehicles. The story is that the S.D.O., Sasaram, was approached by the President of the Truck Owners’ Association and was handed over Rs.10,000/- with a list of numbers of vehicles which are to be allowed overloaded plying through N.H.-2 and he sent the same after observing some formalities, as per in the F.I.R., through one Vinay Kumar Singh, who was the President of the Truck Owners’ Association to the present petitioner, who was subsequently caught and from whose possession the above noted amount was recovered. The F.I.R. says that recovery was made from the pocket of the shirt of the petitioner whereas as per the petitioner it was made from the pant pocket of the petitioner. Learned senior counsel for the petitioner has drawn attention of the Court to some of the Annexures which were filed originally - 2 - with the present petition also to the others brought through a supplementary affidavit filed today. It is contended that the petitioner was attempting to smash the racket of plying vehicles with observation that the bribe was given to the police officials and other concerned officers and in that attempt he lodged a case being Sheo Sagar P.S. case no.36 of 2008 on 19.3.2008 just after having taken over the charge of the district of Rohtas as Motor Vehicle Inspector. It is contended that on account of being nonplused, the member of the truck owners association made an attempt to assault the petitioner and for that he lodged a report (Annexure-2) before the Officer-in-Charge, Mohania (Kaimur). By way of example as to how the petitioner attempted to smash the racket, Court’s attention has been drawn to the slips (Annexure-3 series), which were issued by the petitioner against such truck owners who were plying overloaded trucks by not paying the revenue and who were slapped fines ranging from Rs.10,000/- to 26,000/- on three different occasions. It is contended that it was a concerted and connived act of the informant and the truck owners that the petitioner has been wrongly roped in. The contention further was that false implication could be gathered from the varying story of recoveries as regards the apparel as also the amount. Regard being had to the facts and the contention and the contents of annexures, I direct that petitioner, namely, Bipin Kant Tiwary, be released on bail on furnishing bail bond of Rs.10,000/- - 3 - (Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance-I, Patna, in connection with Special Case no.33 of 2008 arising out of Shiv Sagar P.S. case no.95 of 2008. sudip ( Dharnidhar Jha,J )