Narsingh Baitha v. The State Of Bihar Through Vigilance, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32807 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- VIGILANCE District- Patna ====================================================== Narsingh Baitha Son of Late Ramkisun Baitha Resident of Village - Ghorahawa (Ghodahawa), Police Station - Piprasi, District - West Champaran at present Mukhiya, Dumri Muradih Panchayat, Block - Piprasi, Police Station - Piprasi, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Arvind Kumar For the Vigilance Deptt :

Mr.Rana Vikram Singh For the Informant :

Mr.Suneil Kumar Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner, learned counsel for Vigilance Department as well as learned counsel for the informant through video conferencing.

The petitioner seeks bail in Special Case No. 14 of 2020, arising out of Vigilance (Patna) P.S. Case No. 10 of 2020, registered for the offence under Sections 7(a, 7(A) of the Prevention of Corruption Act, 1988.

As per the prosecution case, the petitioner, who happens to be Mukhiya of the Panchayat, was caught redhanded while demanding and accepting undue advantage from the complainant/informant.

It is submitted on behalf of petitioner that in this case,

Patna High Court CR. MISC. No.32807 of 2020(3) dt.22-12-2020 2/2 chargesheet has already been submitted and petitioner is in custody since 10-06-2020.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Vigilance, Muzaffarpur, in connection with Special Case No. 14 of 2020, arising out of Vigilance (Patna) P.S. Case No. 10 of 2020 on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without any sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T