LAWS(JHAR)-2024-3-33

MANOJ KUMAR MISHRA Vs. STATE OF JHARKHAND

Decided On March 22, 2024
MANOJ KUMAR MISHRA Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The instant application has been filed under Sec. 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 Sec. 7 of the Prevention of Corruption (Amendment) Act, 2018 pending in the court of learned Additional Sessions Judge-X-cum- Special Judge (ACB), Dhanbad.

(2.) 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.

(3.) 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.