Md. Ejaz Hasan @ Md. Ejaj Ahsan v. The State Of Bihar Through Vigilance Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 30250 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Md. Ejaz Hasan @ Md. Ejaj Ahsan, aged about 38 years, Gender-Male, Son of Late Md. Amin Ahsan @ Md. Amin Ahsan Ansari, Resident of Mohalla - Narkathat Under Middle School, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gautam Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Anjani Kumar (L.O.Inc.Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2019 Heard learned counsel for the parties.

The petitioner seeks bail in connection with Special Case No. 07 of 2019 arising out of Vigilance P.S. Case No. 8 of 2019 registered under Section 7A of the Prevention of Corruption Act, 1988.

The prosecution case is that the complainant of this case, namely, Smt. Saroj Kumari, Block Pramukh, Isuapur, District - Saran made a complaint before Vigilance Investigation Bureau, Patna alleging therein that the petitioner, being Programme Officer (Inchar ge), Isuapur Block, Saran demanding Rs. 4,00,000/- as bribe for giving administrative orders of development works under MANREGA. The aforesaid allegations were verified by S.I. of vigilance and as per

Patna High Court CR. MISC. No. 30250 of 2019(5) dt.10-07-2019 2/3 verification report, a Vigilance P.S. Case No. 08 of 2019 was registered under Section 7(a) of P.C. Act, 1988 (Amended2018). A trap team was constituted. Pre Trap memo was prepared.

Learned counsel for the petitioner has submitted that the petitioner has been dismissed from service on 20.05.2019. The petitioner is in judicial custody since 01.03.2019. Considering the entire facts and circumstances of the case and nature of the materials against the petitioner, let the petitioner, above named, be released on bail only after framing of charge against the petitioner. If the charge is not framed within one month from the date of receipt/production of a copy of this order, the petitioner may 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 Special Judge (Vigilance), North Bihar, Muzaffarpur in connection with Special Case No. 7 of 2019 arising out of Vigilance P.S. Case No. 08 of 2019, subject to the following conditions :

(1) On of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) The petitioner will appear before the learned

Patna High Court CR. MISC. No. 30250 of 2019(5) dt.10-07-2019 3/3 Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Anjani Kumar Sharan, J) Nasimul/- U T