Khurshid Aalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20319 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- C.B.I CASE District- Muzaffarpur ====================================================== KHURSHID AALAM Son of Imamul Haque Resident of Village- Bela, P.S.- Ramgadhwa, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-03-2021 Heard learned Senior Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Special Case No. 23 of 2020 arising out of Vigilance (Patna) PS Case No. 30 of 2020 registered under Section 7 (a) of Prevention of Corruption Act. As per prosecution case one co-accused, who is a Clerk in the DTO, demanded illegal gratification for facilitating transfer of a certificate of registration. Money has however been deposited with the petitioner, who has been caught red handed. Learned Senior Counsel submits that the petitioner was a contractual employee engaged for programming work. He was not even responsible for the task for transfer of registration certificate. He has been implicated on extraneous consideration and has also lost his contractual employment. He is in now in custody since 5.12.2020. Learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.20319 of 2021(2) dt.26-03-2021 2/2 Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance, Muzafarpur in Special Case No. 23 of 2020 arising out of Vigilance (Patna) PS Case No. 30 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T