Ramdeo Banaita @ Ramdev Banaita v. The State Of Bihar Through Vigilance, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48736 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -C.B.I CASE District- PATNA ====================================================== Ramdeo Banaita @ Ramdev Banaita, S/o Late Rasiklal Banaita, R/o Vill.- Kharagama, P.O.- Sugapatti, P.S.- Phulparas, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Thakur, Advocate Dr. Raj Kumar Singh, Advocate For the Opposite Party/s : Mr. Ramakant Sharma, Senior Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 23-11-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Ramdeo Banaita @ Ramdev Banaita, in connection with Special Case No.23 of 2015, arising out of Vigilance Police Station Case No.57 of 2015 under Sections 7/13(2) read with Section 13(1) (d) of the Prevention of Corruption Act.

Perused the above application and materials on record.

Heard Mr. Ajay Thakur, learned Counsel for the petitioner, and Mr. Ramakant Sharma, learned Senior Counsel, appearing on behalf of the Vigilance Department. In view of the fact that the accused above-named has been in custody since 24.07.2015 in connection with the case aforementioned and though charge sheet has been submitted,

Patna High Court Cr.Misc. No.48736 of 2015 (2) dt.23-11-2015 2/2 trial has not yet commenced and perusal of the materials available on record does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs.10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Special Case No.23 of 2015 (Vigilance P.S. Case No.57 of 2015).

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) Sunil/- U T