Ranjan Prasad Kumar v. The State Of Bihar Through The Vigilance, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11634 of 2022 Arising Out of PS. Case No.-13 Year-2021 Thana- C.B.I CASE District- Muzaffarpur ====================================================== RANJAN PRASAD KUMAR S/o Late Srikant Kumar R/o villageDhrubganj, P.S.- Kharikganj, Navgachiya, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar through the Vigilance, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under section 7A of the Prevention of Corruption Act, 1988.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 11.1.2022 (Annexure-1) passed in Cr. Misc. no. 40990 of 2021 giving liberty to the petitioner to renew his prayer for bail in the learned Court below after framing of charge. The charge was framed on 19.1.2022. It is submitted that the petitioner renewed his prayer for bail in the learned Court below which was rejected vide order dated 8.2.2022. The petitioner has remained in custody since 14.3.2021 and undertakes to cooperate in the trial.

The application for bail is opposed by learned

Patna High Court CR. MISC. No.11634 of 2022(2) dt.09-03-2022 2/2 counsel appearing for the Vigilance, Bihar. It is submitted that if the petitioner is released he may not cooperate in the trial. Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for more than 11 months and charge having been framed in the learned trial Court, the Court directs the petitioner to be enlarged on bail in connection with Special Case no. 11 of 2021 [arising out of Vigilance(Patna) P.S. Case no. 13 of 2021] on furnishing bail bond of Rs.25,000/ (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance, Muzaffarpur on the following conditions:

(1) One of the bailors shall be his close relative.

(2) The petitioner shall be properly represented in the learned trial Court on each date of trial and shall cooperate in the trial.

In case, the learned trial Court is of the opinion that the trial is being delayed due to noncooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. Bibhash/- (Partha Sarthy, J) U