Ram Pravesh Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5253 of 2018 Arising Out of PS.Case No. -89 Year- 2017 Thana -VIGILANCE District- PATNA ====================================================== Ram Pravesh Chaudhary, S/o Raudi Chaudhary, R/0 MOhalla - Mirchai Patti, P.S. - Town , District - Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar

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

For the Petitioner/s : Mr. Rajendra Prasad, Sr. Adv. Mr. Anish Kumar For the Opposite Party/s : Mrs. Sahnaj Bano, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned counsel for the State and learned counsel for the Vigilance. The petitioner has been in custody since 02.11.2017 in connection with Vigilance P.S. Case No. 89 of 2017 for the offence registered under Sections 7/13 (2) read with Section 13(1) (d) of the P.C. Act.

Learned Senior counsel appearing on behalf of the petitioner submits that the petitioner has been taken into custody in a trap case conducted by the Vigilance Department. It is further submitted that the petitioner, while functioning as a Data Entry Operator-cum- Assistant Treasury Officer at Seohar was allegedly involved in a case filed by a party and it is alleged that the petitioner had been demanding money for release of GPF amount. It is further submitted that the entire money in question was

released on the same day. However, charge sheet has now been submitted in connection with the said case and the petitioner undertakes that, as and when required by the Court, he shall be present and also available before the Court to receive the police papers.

Learned counsel for the Vigilance after perusal of the case diary submits that the conduct of the petitioner at the time of arrest was defiant and he had tried to flee away. He further submits the petitioner was arrested red handed while accepting cash bribe. However, he agrees that now charge sheet has been submitted and the trial shall take its logical conclusion. Having considered the aforesaid facts and circumstances of the case and since the petitioner has already been in custody for about four months and is willing to co-operate in the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance, North Bihar, Muzuffarpur in connection with Vigilance P.S. Case No. 89 of 2017, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother,

sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U