Amit Verma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56101 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -VIGILANCE District- PATNA ======================================================

1. Amit Verma, Son of Late Bipin Bihari Verma, Resident of Sai Niwas, Block Road, Narkatiaganj, P.S.- Shikarpur, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Department of Vigilance through Principal Secretary, Government of Bihar, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s Mr. Y.C. Verma, Sr. Adv. For the Vigilance Mr. Rama Kant Sharma, Sr. Adv., Law Officer, I/c Vig. For the State Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner, learned counsel for the Vigilance and learned APP for the State. Petitioner seeks bail in connection with Special Case No. 29 of 2017 arising out of Vigilance P.S. Case No. 62 of 2017 for offences punishable under Sections 7, 13(2) read with Section 13 (1) (d) of the Prevention of Corruption Act. The prosecution case, as lodged by the vigilance is that on the complaint of one Wakil Sahani, who had a land dispute with his uncle in which he sustained serious injury and Kotwa (Bhopatpur O.P.) P.S. Case No. 134 of 2017 was lodged and investigation was handed over to the petitioner who was the P.S.

Incharge -cum- Incharge (Bhopatpur O.P.), the complainant Wakil Sahani stated in his complaint that the petitioner is demanding Rs. 10,000/- for helping him in the case diary. The Vigilance constituted a trap and the petitioner was caught red handed, accepting the bribe of Rs. 10,000/-. Accordingly, the petitioner was arrested and he is languishing in judicial custody since 13.08.2017.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted against him and that he will cooperate in trial on day-to-day basis.

However, learned counsel for the Vigilance as well as learned APP opposes the prayer for bail.

Considering the facts and circumstances and the materials on record and that charge-sheet has already been submitted, let the petitioner, above named, 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 learned Special Judge, Vigilance, North Bihar at Muzaffarpur, in connection with Special Case No. 29 of 2017 arising out of

Vigilance P.S. Case No. 62 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) sushma/- U