Rajendra Yadav v. The State Of Bihar, Through The Suprintendent Of Police Vigilance Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10531 of 2019 Arising Out of PS. Case No.-51 Year-2018 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Rajendra Yadav, aged about 51 years (Male), Son of Prabhu Pd. @ Prabhu Yuadav Resident of Village- Bakarganj Abhanda Said Nagar, P.S.- Laheriya Sarai, District- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar, Through The Superintendent of Police Vigilance Bureau, Patna Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hari Kishore Thakur, Adv For the Opposite Party/s :

Mr.Anjani Kumar(L.O,I/S Vigi.) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Vigilance Case No. 51 of 2018, Special Case No. 23 of 2018, registered for the offences punishable under Sections 7(a) of the Prevention of Corruption Act 1988 (Amended 2018) of the Indian Penal Code. The Allegation of the informant of this case that Dr. Rambabu Khetan runs Indira Memorial Nursing Home, where in a medicine shop which is registered in the name of his wife namely Lata Khetan. Drug Inspector Awadhesh Kumar Singh inspected the said shop and on his report Drug Licence was suspended for 15 days by Assistant Drug Controller. Thereafter, Awadhesh Kumar Singh demanded Rs. 80,000/- through his orderly Rejendra for restoration of his license. It is further

Patna High Court Cr.Misc. No.10531 of 2019(2) dt.21-02-2019 2/3 stated that on the basis of information report Vigilance P.S. Case No. 51 of 2018 has been registered under Section 7(a) of P.C. Act.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to dirty local politics. Nothing has been recovered from the possession of the petitioner. He has no criminal antecedent.

The bail petition was vehemently opposed by counsel for Vigilance and State.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Vigilance Case No. 51 of 2018, Special Case No. 23 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

Patna High Court Cr.Misc. No.10531 of 2019(2) dt.21-02-2019 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T