Santosh Kumar Ram v. Vigilance Investigation Bureau, Through Additional Superintendent Of Police-Cum-Officer-In-Charge,V

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2317 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Santosh Kumar Ram Late Vishwanath Ram Vill-Salonipur, P.SHussainganj,Distt.-Siwan, at present, A.S.I. of Police, Shikarpur Police Station,Distt.-West Champaran.

... ... Petitioner/s

Versus

Vigilance Investigation Bureau, Through Additional Superintendent Of Police-cum-officer-in-charge,V Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Anjani Kumar (L.O. Inc. Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Special Case No. 21 of 2018 arising out of Vigilance P.S. Case No. 46 of 2018 registered for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988.

Allegation against petitioner is that he was caught red handed by taking bribe of Rs. 40,000/- from complainant, while posted as Ass. Sub Inspector of Police in Shikarpur P.S. in the District of West Champaran.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage. However, after six months of custody the petitioner

Patna High Court Cr.Misc. No.2317 of 2019(3) dt.24-01-2019 2/2 would be enlarged on bail by the court below itself on furnishing 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 connection with Special Case No. 21 of 2018 arising out of Vigilance P.S. Case No. 46 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T