Basant Prasad Sah v. The State Of Bihar Through I.G. Vigilance, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48091 of 2015 Arising Out of PS.Case No. -54 Year- 2015 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Basant Prasad Sah son of Late Munsi Sah, the then General Manager, District- Industry Centre, Samastipur, resident of Mohalla- Purani Gudari, PS.- Bettiah Town, District- West Champaran .... .... Petitioner/s

Versus

The State of Bihar through I.G. Vigilance, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Uma Kant Shukla, Advocate Mr. Aditya Nath Jha For the Vigilance : Mr. Santosh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-02-2016 Heard the parties.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 7/8/13 (2) read with Sections 13 (1) D of the Prevention of Corruption Act, 1988. Taking into consideration the fact that the present criminal prosecution arises out of a trap case and the petitioner is named in the first information report vide Annexure-1 as an accused with certain specific allegations made therein, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. Accordingly, his prayer for grant of anticipatory bail in connection with Special Case No. 18 of 2015 arising out of Vigilance Case No. 54 of 2015 pending in the court of the learned Special Judge, Vigilance, Muzaffarpur is rejected.

However, if the petitioner surrenders in the court below within a period of four weeks from today and applies for regular bail, then the same shall be considered on its own merits without being prejudiced by the rejection of his prayer for grant of

Patna High Court Cr.Misc. No.48091 of 2015 (4) dt.12-02-2016 2/2 anticipatory bail by the present order. The petitioner shall be liberty to raise all the points, which have been raised in the present application, before the court below at the time of seeking regular bail.

(Birendra Prasad Verma, J) Tahir/- U T