Wasim Khan @ Wasim Akhtar v. Department Of Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15909 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- VIGILANCE District- Patna ====================================================== WASIM KHAN @ WASIM AKHTAR S/O MOINUL HAQUE ANSARI Posted as Junior Electrical Engineer, Electricity Supply Division, Karan Bigha, Nalanda and Permanent Resident of Village Karimchak, P.S.- Town, Chhapra, District- Saran.

... ... Petitioner/s

Versus

DEPARTMENT OF VIGILANCE ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjiv Sharan For the Opposite Party/s :

Mr.Arvind Kumar For the Vigilance :

Mr. Anil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-05-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Special Case No. 82 of 2022, arising out of Vigilance P. S. Case No. 66 of 2022, registered for the offences punishable under Sections 7 (a) of the Prevention and Corruption Act, 1988 (Amended in 2018).

As per allegation, the petitioner was trapped taking bribe of Rs. 12,000/-.

Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

2/4 case. He further submits that the petitioner has been languishing in jail since 16.12.2022. He also submits that the petitioner has clean antecedent.

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. Counsel for Vigilance and Ld. APP for the State vehemently opposes the prayer of the petitioner for bail.

Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Special Judge, Vigilance, Patna in connection with Special Case No. 82 of 2022, arising out of Vigilance P. S. Case No. 66 of 2022 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that

3/4 investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a

4/4 period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U