Ankesh Paswan @ Angesh Paswan v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21920 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- VIGILANCE District- Patna ====================================================== Ankesh Paswan @ Angesh Paswan Son Of Devendra Paswan R/O VillageMadhuban, P.S.- Aurai, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

The State Of Bihar Through Vigilance Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Vigilance P.S. Case No. 28 of 2020 (Special Case No. 27 of 2020), registered for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988.

As per the prosecution case, this petitioner was caught red handed with bribe money of Rs. 35,000/-.

It is submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. Moreover, investigation is complete. Chargesheet has already been submitted and custodial interrogation is no more required. There is no allegation of tampering with the evidence

Patna High Court CR. MISC. No.21920 of 2021(3) dt.26-07-2021 2/2 against this petitioner. Petitioner is in custody since 27.11.2020 having clean antecedent.

Counsel for the Vigilance however, vehemently opposed the bail application.

Considering the fact that investigation is complete and chargesheet has already been submitted and custodial interrogation is no more required and trial of the case is not likely to be taken up in near future, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance, Patna in connection with Vigilance P.S. Case No. 28 of 2020 (Special Case No.

27 of 2020), subject to following conditions:- (i) The 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 the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) 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.