Zafar Imam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12555 of 2020 Arising Out of PS. Case No.-11 Year-2019 Thana- C.B.I CASE District- Muzaffarpur ====================================================== ZAFAR IMAM KHAN Son of Late Hasan Imam Khan Resident of Village and Post - Ahilwara Ramnagar, P.S.- Birnaul, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance Investigation Bureau, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abul Kalam, Adv For the Opposite Party/s :

Mr.Rajendra Nath Jha,APP For the C.B.I. : Mr. Arvind Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-12-2020 Heard the parties in virtual Court.

Petitioner seeks bail in a case registered for the offences punishable under Section 7(a) of the Prevention of Corruption Act 1988 (Amended Act, 2018).

The petitioner was apprehended in a trap accepting bribe for undue help. Petitioner is in custody since 09.03.2019. Petitioner has got no criminal antecedent.

Learned counsel for the petitioner submits that though in the past prayer for bail was refused by order at Annexure-1 with direction to the learned Trial Judge to expedite the trial. However, the report of the learned Trial Judge at FlagA would reveal that only one prosecution witness was examined on 18.12.2019 and thereafter the trial is still stagnant. There is

Patna High Court CR. MISC. No.12555 of 2020(3) dt.03-12-2020 2/2 no chance of early conclusion of the trial.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Vigilance Police Station Case No.11 of 2019 arising out of Special Case No.10 of 2019 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T