Zafar Imam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37249 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- C.B.I CASE District- Muzaffarpur ====================================================== ZAFAR IMAM KHAN Son of Late Hasan Imam Khan Resident of Village Ahilwara, P.S.- Biraul, District- Darbhanga.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Vigilance P. S. Case No. 11 of 2019 instituted for the offence under Section(s) 7(a) of the Prevention of Corruption Act, 1988, (Amended Act, 2018). As per allegation made in the complaint petition filed by complainant before the Vigilance Investigation Bureau is that the petitioner was I.O. of Baruraj P.S. case no. 1 of 2018 and Baruraj P.S. case no. 6 of 2019. The petitioner demanded Rs. 10,000/- as bribe to help in both the cases. The Vigilance Bureau registered Vigilance P.S. case no.11 of 2019 under section 7(a) of P. C. Act , 1988 (Amended 2018) and during course of investigation S.I. of vigilance police verified the entire episode. Trap team was constituted. Pre trap memo was

Patna High Court CR. MISC. No.37249 of 2019(3) dt.25-07-2019 2/2 prepared. Trap team proceeded to the place of occurrence. The petitioner was caught red handed accepting Rs. 10,000/- as bribe. Post trap memo was prepared. Tainted money of Rs. 10,000/- was tallied with the pre trap memo. Seizure list was prepared in the presence of independent witnesses. The case diary has been received. The witnesses, during course of investigation in various paragraphs in the case diary have supported the allegation levelled against the petitioner. The petitioner was caught red handed while accepting Rs. 10,000/- as bribe from the complainant. The specific allegation against the petitioner of accepting bribe of Rs. 10,000/- got support from pre trap and post tap memo. Therefore, this Court is not inclined to grant bail to the petitioner. The prayer for bail of the petitioner stands rejected at this stage.

Trial Court is directed to expedite the trial. (Sanjay Priya, J) shyambihari/- U