Fakre Alam v. The State Of Bihar Through Department Of Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43405 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- C.B.I CASE District- Muzaffarpur ====================================================== FAKRE ALAM S/O Late Sekh Sahjaha Resident of Village- manjhariya, P.S.- Maina Tar, District- West Champaran and Present Address- Chhawani Ward No.-5, Isha Basti, P.S.- Bettiah town, District- West Champaran. ... ... Petitioner/s

Versus

The State Of Bihar Through Department Of Vigilance Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anjani Kumar(L.O.Inc.Vigilance, Bihar, Patna) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Vigilance P.S. Case No. 16 of 2019 corresponding to Spl. Case No. 11 of 2019 for the offenses under Section 7(a) of the P.C. Act, 1988 (amended 2018).

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. Allegation against the petitioner is that he was caught red handed taking bribe of Rs. 1,77,900/-. He further submits that the petitioner is also subjected to departmental proceeding and was put under suspension. The petitioner is in custody since 05.04.2019. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.43405 of 2019(2) dt.15-07-2019 2/2 respondent State would submit that approximately 9 months time is required to conclude the trial. The petitioner is working as Clerk in the office of District Programme Officer (Establishment), District West Champaran.

Considering the fact that the petitioner has no criminal antecedent, 9 months time will be consumed to conclude trail, the Court is inclined to grant him bail. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Special Judge, Vigilance, North Bihar, Muzaffarpur in connection with Vigilance P.S. Case No. 11 of 2019, corresponding to Spl. Case No. 11 of 2019, subject to the condition that both the bailors should be State Government employees (Anil Kumar Upadhyay, J) uma/- U