Ramashray Prasad v. The State Of Bihar Through Vigilance, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3756 of 2017 Arising Out of PS.Case No. -117 Year- 2016 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Ramashray Prasad, S/o Late Badri Prasad Yadav, R/o Village- Tetua Bazar, P.S.- Atri, District- Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Subroteswar De, Advocate For the Vigilance : Mr. Rabindra Kumar (AC to Vig., L/O) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 7, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.

It is alleged that informant has lodged Sahebganj P.S. Case No. 229 of 2016 with regard to theft of his motorcycle. The petitioner was appointed as investigating officer of this case and he made demand of Rs.5000/- from the informant for proper investigation and making the case true and submitting final form. The informant informed the vigilance and Trap Team was constituted and thereafter the petitioner was caught red-handed with bribe of two thousand rupees. Thereafter post trap memorandum was prepared before independent witnesses and

Patna High Court Cr.Misc. No.3756 of 2017 (3) dt.22-02-2017 2/2 tainted money tallied with the pre trap memorandum. Thereafter the instant case has been lodged.

In such circumstances, there is serious allegation against the petitioner. Therefore, this court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is hereby rejected.

(Sanjay Priya, J.) ravi/- U T