Shahid Raza v. The State Of Bihar Through Vigilance Investigation Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39539 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- VIGILANCE District- Patna ====================================================== Shahid Raza SON OF LATE ISLAMUDDIN ANSARI R/O- Village Pakari Pakohi Police Station -Karza ,District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar Through Vigilance Investigation Bureau, Patna Bihar 2.

Vigilance Investigation Officer, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeet Kumar, Adv For the Opposite Party/s :

Mr. Prem Kumar Jha, Adv For Vigilance :

Mr. Arvind Kumar, Spcl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Special Vigilance Case No. 02/2024 arising out of Vigilance P.S. Case No. 01 of 2024 dated 27.02.2024 registered for the offences punishable u/s 7(a) (b) of the Prevention of Corruption Act-1988 (Amendment Act 2018)

3. As per the prosecution case, the son of the informant has a licensed rice mill and he used to send rice from his mill to the godown of Bihar State Food and Civil Supply Corporation, Khagaria. Further, the petitioner and the co-

Patna High Court CR. MISC. No.39539 of 2024(3) dt.24-07-2024 2/3 accused persons demanding Rs. 30,000/- for each truck of Rice and threatened if the amount was not given then no entry would be made regarding his vehicle. On being inquired by the Vigilance Investigation Bureau, it is found to be true that the accused persons were asked for vehicle payment amounting Rs. 1,10,000/-. Accordingly, the FIR has been registered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is stated that the quality checking process of rice has been done by the Quality Personnel Unit and after completion of all the formalities, the rice is to be unloaded from the truck at the godown. Further, it is submitted that the petitioner is no way connected with the process of quality test of the rice, hence allegation of threatening for rejecting the rice is false and fabricated. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner who was caught redhanded accepting bribe amount of Rs. 1,05,000 by the trap team.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the

Patna High Court CR. MISC. No.39539 of 2024(3) dt.24-07-2024 3/3 petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur, in connection with Special Vigilance Case No. 02/2024 arising out of Vigilance P.S. Case No. 01 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T