Vidya Sagar v. The State Of Bihar, Through S. P. Vigilance, Investigation Bureau, Patna, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29991 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Vidya Sagar S/o Rajendra Paswan, R/o Vill.- Naura, P.S.- Athmalgola, District- Patna. At present posted as Samparati Assistant Engineer, Building Construction Department, Building Division, Sheohar, P.S.- Sheohar, District- Sheohar.

.... .... Petitioner/s

Versus

The State of Bihar, Through S. P. Vigilance, Investigation Bureau, Patna, Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandeep Shahi Adv. Mohammad Sufyan, Adv.

For the Opposite Party/s : Mr. Rama Kant Sharma, (L.O, I/C Vig.) Mr. Rabindra Kumar, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned counsel for the Vigilance.

The petitioner is in custody since 25.02.2018 in connection with Spl. Case No. 5/18 Vig. P.S. Case No. 6/18 for the offence registered under Sections 7/13(2) read with section 13(1) (d) of the P.C. Act.

Learned counsel for the petitioner submits that the entire allegation against the petitioner is far-fetched and motivated and has been engineered only to escape the liability which has been called upon him by the present petitioner. It is

further submitted that since the concerned informant has been conducting his business of business in an irregular manner, the petitioner had issued letters against him for blacklisting as a Contractor in pursuance of order passed by this Court, as he had not performed his duty as assigned to him. It is, thus, submitted that the petitioner may be released on bail and he shall co-operate in the investigation and will also appear before the Court below on submission of charge-sheet to accept the bail papers. Having considered the entire facts and circumstances of the case and after hearing learned counsel for the Vigilance, it appears that another similarly situated co-accused persons has been extended the privilege of regular bail in connection with the same trap case being Vigilance Case No. 06/18/Spl. Case No. 5/18 (State of Bihar Vs.

Amrendra Kumar & Ors) whereby one Amrendra Kumar has been released on bail by the Special Judge, Vigilance vide order dated 27.04.2018, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance, North Bihar, Muzuffarpur in connection with Spl. Case No. 5/18 Vigilance P.S. Case No.

(1) One of the bailors will be his own

blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U T