Abhinandan Prasad Singh v. The State Of Bihar Through The S.P., Vigilance Investigation Bureau, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2863 of 2022 Arising Out of PS. Case No.-39 Year-2021 Thana- C.B.I CASE District- Bhagalpur ====================================================== ABHINANDAN PRASAD SINGH S/o Late Sanichar Prasad Singh R/o Mohalla- Brindaban Colony, Jawaripur, Jail Road, P.S.- Tilkamanjhi, DistrictBhagalpur ... ... Petitioner/s
Versus
The State of Bihar through the S.P., Vigilance Investigation Bureau, Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Vigilance Case No. 39 of 2021 registered for the offence under Section 7(a) of the Prevention of Corruption Act The accused/petitioner is named in the F.I.R. and is in custody since 29.09.2021.
The allegation against the petitioner, who is a Circle Inspector, is to accept a bribe of one lakh rupees from informant in connection with discharging of his official duty. Learned Senior counsel, Shri N.K. Agarwal, while
Patna High Court CR. MISC. No.2863 of 2022(7) dt.29-08-2022 2/3 appearing on behalf of the petitioner submitted that the petitioner is falsely implicated in this case due to differences arises out of official business. It has been submitted that chargesheet in this case has been submitted without obtaining chemical analysis report. It is further submitted that petitioner is a man of clean antecedent and never faced such allegation in long 22 years of his service carrier. The forensic report of audio record as regard to conversation is also not available and moreover, investigation of this case is completed, where petitioner is a man of clean antecedent.
Learned Special Prosecutor while appearing on behalf of Vigilance Department submitted that petitioner refused to give sample of his voice for the purpose of FSL, only suggesting his involvement but fairly conceded that the charge-sheet has been submitted without obtaining chemical analysis report. Considering the facts and circumstances as mentioned above, as charge-sheet against petitioner has been submitted without obtaining chemical analysis report, who is a man of clean antecedent let the petitioner, above named, is directed to be released on bail in connection with Vigilance Case No. 39 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.2863 of 2022(7) dt.29-08-2022 3/3 satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Vigilance, Bhagalpur/concerned court, subject to the following conditions:
"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be Neeraj Raj, who is the son of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) pooja/- U T