Patna High CourtCR. MISC./33495/2016bail granted

Bijay Kumar Paswan v. The State Of Bihar , Through Vigilance

2016-09-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33495 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -C.B.I CASE District- PATNA ====================================================== Bijay Kumar Paswan S/o Late Vuleshwar Paswan resident of VillageRamganj P.S.- Muffasil Khagria, District- Khagria .... .... Petitioner/s

Versus

The State of Bihar , Through Vigilance .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 7/13 (2) read with Section 13(1) (d) of the Prevention of Corruption Act.

Allegation against the petitioner is that he demanded bribe of Rs.1,50,000/- from the complainant and the trap team caught petitioner red handed in taking bribe of Rs.1,00,000/-. It has been submitted on behalf of the petitioner that he is in custody since 26.4.2016. Chargesheet has been submitted against petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioner. Petitioner has been made accused due to mistake of fact. The allegation made in F.I.R. is denied. It is further submitted that petitioner may be released after completion of six months in custody, i.e., from 26.4.2016.

On behalf of the Vigilance, it is submitted that petitioner is named in F.I.R. He was apprehended while he was taking Rs.1 lac from complainant. It is a trap case.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.33495 of 2016 (3) dt.26-09-2016 2/2 above named petitioner be released on bail after completion of six months in custody, i.e., from 26.4.2016 on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Special Judge, Trap, Patna, in connection with Spl. Case no. 19 of 2016 arising out of Vigilance Case no. 46 of 2016.

(Sudhir Singh, J) sudip/- U T