Raju Kumar Sah v. The State Of Bihar Through Addl. Director General Of Police, Vigilance Deptt., Bihar , Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8771 of 2020 Arising Out of PS. Case No.-22 Year-2019 Thana- VIGILANCE District- Patna ====================================================== RAJU KUMAR SAH S/o Shri Sita Ram Sah R/o village- Olipur, Sarhadia, P.S.- Runi Saidpur, Distt.- Sitamarhi ... ... Petitioner/s

Versus

The State Of Bihar through Addl. Director General Of Police, Vigilance Department, Bihar , Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Jyoti Ranjan Jha, Advocate For the State :

Mr.Arvind Kumar, APP For Vigilance :

Mr.Rana Vikram Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Vigilance. The petitioner seeks bail in a case registered under Section 7A of the Prevention of Corruption (Amendment) Act, 2018.

Allegation is that the petitioner Rs.12,000/- taken for registration of the complainant/informant under the Bihar State Pharmacy Council is recovered from the possession of the petitioner in the trap led by the trap team.

Patna High Court CR. MISC. No.8771 of 2020(3) dt.08-06-2020 2/3 The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application with liberty to renew his prayer for bail after framing of charge. It has been submitted on behalf of the petitioner that the petitioner is in custody since 5.6.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It has also been submitted that the charge has been framed in this case. It is a trap case, where a sum of Rs.12,000/- is alleged to have been recovered from the petitioner. It is further submitted that the petitioner is ready to deposit an amount of Rs.

50,000/- in the court below which shall be subject to result of the case, within a period of two months. On behalf of the State and Vigilance, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances, the petitioner, above named, is directed to be released on provisional bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance I, Patna in connection with Special case No.22 of 2019 arising out of Vigilance P.S. case No.22 of 2019.

Patna High Court CR. MISC. No.8771 of 2020(3) dt.08-06-2020 3/3 After his release, the petitioner shall deposit an amount of Rs.50,000/- (fifty thousand) only in the court below, which shall be subject to result of the case, within a period of two months.

If the amount in question is deposited in the court below by the petitioner within a period of two months, learned court below shall confirm the provisional bail granted to the petitioner. If the petitioner fails to do so, learned court below shall be at liberty to cancel the provisional bail granted to the petitioner.

(Sudhir Singh, J) Narendra/- U T