Ajay Kumar Ray @ Ajay Kumar v. The State Of Bihar Through Vigilance, Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33905 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- VIGILANCE District- Patna ====================================================== Ajay Kumar Ray @ Ajay Kumar, Son of Laxmi Prasad Ray, Resident of Village - Nageshwar Bagh, Purnea East, P.S.- Sadar, District - Purnea. ... ... Petitioner

Versus

The State of Bihar through the Vigilance Department, Bihar. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Vaidehi Raman Prasad Singh For the Opposite Party :

Mr. Arvind Kumar, Advocate For the Informant :

Mr. Arun Kumar Mandal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Vigilance P.S. Case No. 32 of 2020 for the offence punishable under Sections 7(a) of the Prevention of Corruption Act. At the very outset, learned counsel for the petitioner submits that the petitioner is ready to become approver in the case.

Learned counsel for the Vigilance Department submits that he has no objection if the petitioner becomes approver in the case.

Patna High Court CR. MISC. No.33905 of 2021(4) dt.10-05-2022 2/3 Considering the above submissions of the parties, this anticipatory bail application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance (Trap) Bhagalpur, in connection with Vigilance P.S. Case No. 32 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Initially, the Court below shall release the petitioner on provisional bail for a period of three months and within the aforesaid period of three months, the prosecuting agency i.e. Vigilance Department will get the statement of the petitioner, who has offered to become approver, recorded under Section 164 of the Criminal Procedure Code. Once the statement of the petitioner is recorded, the provisional bail of the petitioner will be confirmed by the Court below. If during trial, the petitioner does not support his statement, the Court below will proceed against him in accordance with law as also for cancellation of bail bonds of the petitioner.

Patna High Court CR. MISC. No.33905 of 2021(4) dt.10-05-2022 3/3 With the aforesaid observations and directions, this bail application is allowed.

(Sandeep Kumar, J) pawan/- U