Mundrika Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49369 of 2023 Arising Out of PS. Case No.-14 Year-2019 Thana- VIGILANCE District- Patna ====================================================== MUNDRIKA PRASAD SINGH S/O LATE DINESH PRASAD SINGH R/O Mohalla- Ramnagar, P.S- K.Hat, Distt.- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Superintendent of Police, Vigilance, Patna. Bihar 3.

The Superintendent of Police, Vigilance, Bhagalpur. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mrs. Nirmala Kumari Mr. Anil Singh Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-07-2024 This is an application for quashing of the order dated 17.05.2023 passed by the learned Special Judge Vigilance, Bhagalpur in Special Vigilance Case No. 07 of 2019 arising out of Vigilance P.S. Case No. 14 of 2019.

2. The petitioner was trapped while accepting bribe of Rs. 25,000/- while working as revenue clerk. The discharge application was filed and the same has been considered in detail in the impugned order by the court below.

3. The Hon'ble Supreme Court in the case of Ram Prakash Chadha V/s State of U.P; 2024 SCC OnLine SC 1709 has held that the discharge application can be considered only on the basis of the materials brought by the prosecution and the

Patna High Court CR. MISC. No.49369 of 2023(2) dt.23-07-2024 2/2 defence of the petitioner cannot be seen.

4. From the materials available on record, I find that there are enough materials for framing of charge.

5. Accordingly, this application is dismissed. (Sandeep Kumar, J) Shishir/- U T