Ramdeo Prasad v. The State Of Bihar Through Cabinet Vigilance Department, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19877 of 2020 Arising Out of PS. Case No.-53 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== RAMDEO PRASAD, Son of Shri Ram Bhajan Prasad Singh, Resident of Village - Khorampur, P.S.- Islampur, Distt.- Nalanda. ... ... Petitioner

Versus

THE STATE OF BIHAR THROUGH CABINET VIGILANCE DEPARTMENT, BIHAR, PATNA Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sourendra Pandey, Advocate.

For the Opposite Party :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned counsel for the Vigilance.

The petitioner seeks bail in a case for the offences registered under Section 34 of the I.P.C. and Sections 7, 12, 13(D)(1) of the Prevention of Corruption Act, 1988.

Patna High Court CR. MISC. No.19877 of 2020(2) dt.23-06-2020 2/3 The prosecution case, in short, is that the informant came across a viral video rotating on News Channel and Social Media where the Sub-Inspector of Police of Harsidhi P.S., namely, Ramdeo Prasad (petitioner) was seen accepting a bribe of Rs. 2500/- from the Sarpanch and few others in relation to a case at his official residence.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.02.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The allegation of taking bribe money of Rs. 2500/- is denied by the petitioner. The procedure as laid down has not been followed. On behalf of the Vigilance, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Special Judge, Vigilance, Muzaffarpur in connection with Harsidhi P.S. Case No. 53/2020, giving rise to Special Case No. 10 of 2020.

Patna High Court CR. MISC. No.19877 of 2020(2) dt.23-06-2020 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T