Patna High CourtCR. MISC./38385/2017bail granted

Shambhu Kumar @ Shambhu Prasad @ Shanbhu Kumar v. The State Of Bihar Through The Vigilance Department, Govt. Of Bihar, Patna

2017-10-04Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38385 of 2017 Arising Out of PS.Case No. -85 Year- 2016 Thana -VIGILANCE District- PATNA ======================================================

1. Shambhu Kumar @ Shambhu Prasad @ Shanbhu Kumar, Son of Sri Rabindra Prasad Singh, Resident of Village- Katghara, P.S.- Sitamarhi, District- Nawadah (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Pravin Kumar, Advocate Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and the learned Senior Counsel for the Vigilance Department. The petitioner is in custody since 03.09.2016 in connection with Special Case No.47 of 2016, registered for the offences punishable under Sections 7/13(2) of the Indian Penal Code and Section 13(1)(d) of the Prevention of Corruption Act, pending in the Court of learned Special Judge, Vigilance-I, Patna. Allegation against the petitioner is that the petitioner was trapped while receiving bribe. In the past this Court had refused the prayer for bail to the petitioner vide order dated 24.01.2017 passed in Cr.

Patna High Court Cr.Misc. No.38385 of 2017 (3) dt.04-10-2017 P2/ Misc. No.49576 of 2016 with liberty to renew the prayer after six months if the trial does not witness any progress. The report of the learned trial judge would reveal that the charges have been framed in this case on 16.03.2017 and thereafter only one prosecution witness has been examined. Considering the period already undergone by the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Special Case No. 47 of 2016, arising out of Vigilance P.S. Case No.85 of 2016, with condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T