Md. Najeeb Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2615 of 2020 Arising Out of PS. Case No.-41 Year-2019 Thana- VIGILANCE District- Patna ====================================================== Md. Najeeb Akhtar, Son of Late Md. Mozibur Rahman, Resident of Village - Eksari, P.S.- Sheikhpura, Distt.- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vigilance Bureau -06, Bihar, Circular Road, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner and State as well as Vigilance.

The petitioner is in custody in connection with Bhagalpur Vigilance Case No. 41 of 2019 (Special Case Vigilance No. 15 of 2019) for the offence under Section 7 (a) of the Prevention of Corruption Act.

Allegation against this petitioner is that he demanded bribe and caught red handed with the bribe money. Learned counsel for the petitioner submits that the petitioner at the relevant time was posted as Karamchari as well as incharge of Circle Inspector, as the post regular Circle Inspector was vacant. He further submits that the allegation of demand of bribe is patently false inasmuch as the alleged work was done before the incident of bribe.

Patna High Court CR. MISC. No.2615 of 2020(2) dt.29-01-2020 2/2 Under the aforesaid circumstance, learned counsel for the petitioner submits that no reasonable man can accept the story of demand of bribe after the completion of work. He further submits that the petitioner has got no criminal antecedent. The petitioner is in custody since 18.10.2019 and the vigilance after investigation has already submitted chargesheet. Considering the aforesaid fact, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Vigilance), Bhagalpur in connection with Bhagalpur Vigilance Case No. 41 of 2019 (Special Case Vigilance No. 15 of 2019) with the condition that the petitioner shall extend full cooperation in the trial and if the petitioner is found in adopting dilly dally, the Court below shall be at liberty to cancel the bail bonds of the petitioner.

(Anil Kumar Upadhyay, J) uday/- U T