Ram Chandra Paswan v. The State Of Bihar Through The Vigilance, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57466 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Ram Chandra Paswan S/O Vasudeo Paswan R/O Village-Tekuna, P.SPratapganj, District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Y.C.Verma,Sr.Adv.

Mr.Madahav Raj, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

01-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Special Case No. 16 of 2021, arising out of Vigilance P.S. Case No. 20 of 2021, registered for the offence under Section 7(a)(c) of the Prevention of Corruption Act, 1988 and Section 120(B) of the Indian Penal Code.

As per the prosecution case, one Babloo Singh filed a complaint alleging therein that the petitioner in the capacity of Executive Engineer demanded illegal gratification. On such complaint, a trap was laid and this petitioner was caught redhanded while taking bribe. Petitioner denies the allegation, as made out in the

Patna High Court CR. MISC. No.57466 of 2021(2) dt.01-02-2022 2/3 prosecution case, and submits that that he has been falsely implicated in this case and demand of bribe for release of amount is false. Petitioner has already accomplished the work on 13.03.2021 and accordingly, had issued the certificate. It is submitted on behalf of petitioner that petitioner is in custody since 16.06.2021 and he is ready to abide by all the terms & conditions, as imposed by this Court, and undertakes to fully cooperate with the investigating agency during trial. Chargesheet has already been submitted on 13.08.2021. However, learned counsel for the Vigilance Department opposed the bail petition and submitted that there is serious allegation against this petitioner and he was caught redhanded while taking bribe of Rs. 80,000/-.

Considering the rival submission of the parties and the materials available on record as well as undertaking of the petitioner to cooperate with the investigating agency and will appear on each & every date and the fact that chargesheet has already been submitted, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Vigilance, Muzaffarpur in connection with Special Case No.

Patna High Court CR. MISC. No.57466 of 2021(2) dt.01-02-2022 3/3 of 2021, arising out of Vigilance P.S. Case No. 20 of 2021, subject to following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below /investigating agency and shall remain physically present, as directed by the court concerned, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution would be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) anay/- U T