Manoj Kumar Choudhary v. The State Of Bihar Through Vigilance Bureau Of Investigation

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39236 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- C.B.I CASE District- Bhagalpur ====================================================== MANOJ KUMAR CHOUDHARY Son of Late Ram Narayan Choudhary Resident of Village- Maida Babhangama, P.S.- Birpur, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar Through Vigilance Bureau of Investigation ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr. Ravi Kumar, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-01-2022 Heard learned counsel for the petitioner and learned counsel for the Vigilance Bureau of Investigation through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 7(a) and (A) of the Prevention of Corruption Act.

As per the prosecution case, the informant filed a written application on 14.1.2021 before the Superintendent of Police, Vigilance stating therein that his wife who is a member of the Ward was allotted Rs.1,33,900/ under a scheme for construction of P.C.C. road and that the petitioner was demanding a bribe of Rs.10,000/ for releasing the said amount. The complaint was got verified. A raiding party was constituted

Patna High Court CR. MISC. No.39236 of 2021(3) dt.21-01-2022 2/2 and as would be evident from the post trap memorandum, the petitioner was caught accepting bribe of Rs.10,000/. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Neither any demand was made by the petitioner nor did he accept any gratification and the so called amount was never touched by the petitioner. The petitioner is in custody since 23.1.2021 and chargesheet has been submitted in the case. The petitioner has no criminal antecedent.

The application for bail is opposed by learned counsel for the Vigilance Bureau of Investigation. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner as reflected from the post trap memo, according to which the petitioner was caught accepting bribe of Rs.10,000/, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Partha Sarthy, J) Saurabh/- U T