Ram Prasad Singh v. The State Of Bihar Through The Vigilance, District- Muzaffarpur

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18417 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Ram Prasad Singh, Son of Sri Ram Veyas Singh, resident of Village Chakrahansi, P.O. Pandeypatti, P.S. Buxar, District- Buxar. .... .... Petitioner

Versus

The State of Bihar through the Vigilance, District- Muzaffarpur. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Rama Kant Sharma(L.O,I/C Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2016 Heard the learned counsel for the petitioner and the learned counsel for the Vigilance.

The petitioner seeks bail in connection with Patna Vigilance P.S. Case No. 01 of 2016 registered for the offence punishable under Section 7/13(2) read with 13(1)(d) of the Prevention of Corruption Act.

Allegedly, the petitioner being the Investigating Officer of Warisnagar P.S. Case No. 226 of 2015 demanded bribe of Rs. 50,000/- from the complainant Rajan Kumar which on verification was found true and during trap, the petitioner was caught red-handed accepting the bribe amount

Patna High Court Cr.Misc. No.18417 of 2016 (4) dt.28-06-2016 2/3 of Rs. 50,000/- . Chemical test also shows positive result. Submission is of false implication and that the petitioner has been made victim of the circumstances, chargesheet has already been submitted, without any fault, he is suffering in custody since 03.01.2016 and now, he has been sufficiently penalized at this stage.

The learned counsel for the Vigilance opposes the prayer of bail.

In the facts and circumstances stated above, considering that the investigation is already complete and there is no chance of tampering with the prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, North Bihar, Muzaffarpur in connection with Special Case No. 01 of 2016 arising out of Patna Vigilance P.S. Case No. 01 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part

Patna High Court Cr.Misc. No.18417 of 2016 (4) dt.28-06-2016 3/3 without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) ajaypd./- U T