Lalan Kumar v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13808 of 2016 Arising Out of PS.Case No. -108 Year- 2015 Thana -C.B.I CASE District- PATNA ====================================================== Lalan Kumar Son of Sri Ram Ratan Singh resident of Village- Atauwa, PS Gonama, District Nawada .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : Mr. Ramakant Sharma (Law Off. Vig) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-05-2016 Heard the learned counsel for the petitioner and the learned assistant counsel for the Vigilance.

The petitioner seeks bail in connection with Vigilance P.S. Case No. 108 of 2015 dated 17.12.2015 instituted under Sections 7/13(2) read with 13(1)(d) of the Prevention of Corruption Act.

Allegedly, the petitioner being technical supervisor demanded bribe of Rs. 10,000/- from Vinodanand Singh for preparing measurement book which after verification was found true and accordingly during trap, the petitioner was apprehended when he accepted bribe amount of Rs. 8,000/-. The chemical test also shows positive result.

Submission is of false implication, the petitioner has been made victim of circumstances. As a matter of fact, the

Patna High Court Cr.Misc. No.13808 of 2016 (3) dt.11-05-2016 2/2 petitioner is not a public servant, the complainant has political links and with aid and assistance of vigilance officials falsely implicated the petitioner resulting suffering in custody since 18.12.2015. Charge-sheet has already been submitted and there is no chance of tampering with prosecution evidence. The learned assistant counsel for Vigilance opposes the prayer of bail.

In the facts and circumstances stated above, considering the detention of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance-I, Patna in connection with Vigilance P.S. Case No. 108 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Mishra/- U T