Ajay Paswan v. The State Of Bihar Through Vigilance, Bihar, Patna

Patna High Court Cr.Misc. No.38518 of 2018 (2) dt.25-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38518 of 2018 Arising Out of PS.Case No. -1 Year- 2018 Thana -VIGILANCE District- PATNA ====================================================== Ajay Paswan S/o Late Mahendra Paswan, At Present Chowkidar 3/7 at Minapur, P.S.- District- Muzaffarpur, R/o Vill.- Bahbal Bazar, P.S.- Minapur, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Abhay Kumar, Advocate. For the Vigilance : Mr. Santosh Kumar Pandey, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner, who is in custody since 04.01.2018, has renewed his prayer for bail in connection with Special Case No. 03 of 2018 arising out of Vigilance P.S. Case No. 01 of 2018 for the offence alleged under Sections 7/8/13(2) read with Section 13(1)(D) of Prevention of Corruption Act, 1988 having earlier been rejected by this Court by order dated 27.04.2018 in Cr. Misc. No. 24061 of 2018.

3. It is submitted that the concerned Police Officer Sri Ramesh Datt Pandey who is said to have accepted the illegal gratification has been granted bail by this Court in Cr. Misc. No. 17230 of 2018.

4. Learned counsel for the Vigilance appears and has been heard.

5. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.38518 of 2018 (2) dt.25-07-2018 the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar Muzaffarpur, in connection with Special Case No. 03 of 2018 arising out of Vigilance P.S. Case No. 01 of 2018, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T