Pradeep Kumar @ Pradeep Patel v. The State Of Bihar Through Vigilance Bihar Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33046 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- VIGILANCE District- Patna ====================================================== Pradeep Kumar @ Pradeep Patel son of Late Lal Deo Mahto, Resident of Village-Bochanha, P.S.-Bochanha, District-Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Thakur, Advocate : Mr. Nilesh Kumar, Advocate For the Vigilance :

Mr. Sanjay Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 The defects, as pointed out by the registry, are ignored.

Heard learned counsel for the petitioner and learned counsel for the Vigilance.

The petitioner seeks bail in connection with Special Case No.08 of 2019 arising out of Vigilance P.S. Case No.09 of 2019 registered under Section 7(a) of the Prevention of Corruption Act.

It is submitted by the learned counsel for the petitioner that the petitioner is not named in the FIR. As per the FIR alleged money was demanded by the Block Development Officer, Bochahan. There is no allegation either in the complaint or in the watcher's report that either the petitioner demanded money or the accused who allegedly demanded money asked

Patna High Court CR. MISC. No.33046 of 2019(2) dt.20-05-2019 2/3 the complainant and others to deposit money to the petitioner. The petitioner, who is a driver, is in custody since 06.03.2019. The investigation of the case has been completed and custodial interrogation of the petitioner is not warranted. Per contra, learned counsel appearing for the vigilance submitted that the petitioner, who is a driver of the Block Development Officer, was caught red handed while accepting illegal gratification of rupees fifty thousand which was demanded by the Block Development Officer for favouring the complainant in allotment of Prime Minister Housing Scheme.

Be that as it may, considering the nature of offence, period undergone by the petitioner in custody, the fact that the investigation has already been completed and the custodial investigation of the petitioner is not warranted, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur in connection with Special Case No.08 of 2019 arising out of Vigilance P.S. Case No.09 of 2019 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond

Patna High Court CR. MISC. No.33046 of 2019(2) dt.20-05-2019 3/3 executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) Md. S/- U T