Patna High CourtCR. MISC./18072/2017dismissed

Triloki Nath Ojha v. The State Of Bihar Through Vigilance

2017-04-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18072 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -VIGILANCE District- PATNA ====================================================== Triloki Nath Ojha, S/o Late Shiv Kumar Ojha, Resident of Village- Nimej, P.S.- Barahmpur, District- Buxar.

.... .... Petitioner

Versus

The State of Bihar through Vigilance .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Digvijay Kumar Ojha, Advocate For the Opposite Party/s : Mr. Kedar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Special Case No. 5 of 2017, arising out of Vigilance P.S.Case No. 8 of 2017 registered for the offences punishable under Sections 7 and 13(2), read with Section 13(1) (d) of Prevention of Corruption Act.

Allegation as per FIR is that petitioner was caught red-handed while he was taking bribe in relation to a case in which he was I.O. and he has been arrested.

It has been submitted on behalf of the petitioner that on the basis of earlier complaint the present case has been lodged and there is no application of provision of P.C. Act against the petitioner. It has also been submitted that Rs.6000/- was handed

Patna High Court Cr.Misc. No.18072 of 2017 (2) dt.19-04-2017 2/2 over to the petitioner forcibly and on the basis of trap of S.H.O. he has been arrested and it is out and out a case of misuse of P.C. Act and he is in custody for four months.

Heard learned counsel for the Vigilance Department, who has vehemently opposed the prayer for bail stating that petitioner is made accused in a trap case and Rs.6000/- was recovered from his possession after following the prescribed procedure.

Having heard both sides and considering the nature of allegation, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

(Vinod Kumar Sinha, J) spal/- U