Rahul Uraon v. The State Of Bihar Through The Vigilance, Bihar, Patna

Patna High Court Cr.Misc. No.12022 of 2017 (2) dt.27-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12022 of 2017 Arising Out of PS.Case No. -141 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Rahul Uraon, S/o Sri Sita Ram Uraon, resident of Village Paikwaliya, P.S.- Semra, District- West Champaran.

.... .... Petitioner

Versus

The State of Bihar Through The Vigilance, Bihar, Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Ramakant Sharma (L.O,I/C Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-03-2017 Heard learned Sr. Counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Vigilance P.S. Case No. 141 of 2016 registered for the offences punishable under Sections 7/13 read with Section 13(1) (d) of Prevention of Corruption Act.

Allegedly, the petitioner was apprehended taking bribe of Rs. 5000/- and accordingly, the bribe amount was recovered from his possession and chemical test also shows the positive result. Submission is of false implication and that the petitioner has been made victim of circumstances, nothing has been recovered from his conscious possession, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and the petitioner has sufficiently been

Patna High Court Cr.Misc. No.12022 of 2017 (2) dt.27-03-2017 penalized.

Learned counsel representing the Vigilance opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of detention of the petitioner and further chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur in Special Case No. 63 of 2016 arising out of Vigilance P.S. Case No. 141 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T