Jay Jay Ram Yadav v. The State Of Bihar, Through Vigilance Department Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25416 of 2023 Arising Out of PS. Case No.-24 Year-2020 Thana- BATH District- Bhagalpur ====================================================== Jay Jay Ram Yadav S/O Late Narayan Yadav R/o Village-Hiratol, P.O.- Rahimpur, P.S.-Sahebpur-kamal, District-Begusarai, Pin-851204 ... ... Petitioner/s

Versus

The State of Bihar, through vigilance department Govt. of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Jha, Advocate.

For the Opposite Party/s :

Ms. Archana Palkar Khopde, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-05-2023 Heard Mr. Ranjit Jha, learned counsel for the petitioner and Ms. Archana Palkar Khopde, learned counsel for the vigilance.

This is the second attempt made by the petitioner, renewing his prayer for bail in connection with Special Vigilance Case No.04 of 2020 arising out of Bath (Bhagalpur) P.S. Case No. 24 of 2020, registered for the offences punishable under Section 384 of the Indian Penal Code and Section 7(a) of the Prevention of Corruption Act, 1988 (as amended in 2018). Earlier the prayer for bail for the petitioner was turned down vide order dated 08.02.2023 in Cr. Misc. No. 31720 of

Patna High Court CR. MISC. No.25416 of 2023(3) dt.17-05-2023 2/3 2022 after taking into consideration the materials available on record and also the fact that the case is pending for framing of charge. However, while rejecting the prayer for bail liberty was granted to the petitioner to renew his prayer for bail after framing of charge.

Mr. Jha, learned counsel for the petitioner apprise this Court that the matter is pending since then and till date charge has not been framed for want of sanction order from the Department and moreover, the petitioner is in custody since 25.01.2022. He further submits that while the petitioner was in custody his wife has also died and he is suffering from various heart ailment and furthermore because of some ophthalmic problem, now he is partially blind.

On the other hand learned counsel for the Vigilance Department submits that needless to say that till date the charge has not been framed, however, the moment the Court will receive the sanction order the same shall be done. Regard being had to the submissions made on behalf of the parties, this Court finds it difficult to reconsider the prayer of the petitioner for present, as earlier specific observation was given by this Court to renew the prayer for bail after framing of the charge and admittedly the charge has not

Patna High Court CR. MISC. No.25416 of 2023(3) dt.17-05-2023 3/3 been framed.

Accordingly, the prayer on behalf of the petitioner is once again rejected with the aforesaid liberty and the present bail application stands disposed of.

(Harish Kumar, J) manoj/- U T