Patna High CourtCR. MISC./5235/2018bail granted

Md. Sabahuddin Khan @ Md. Shahabuddin Khan v. The State Of Bihar Through The Vigilance Investigation Bureau, Bihar, Patna

2018-03-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5235 of 2018 Arising Out of PS.Case No. -93 Year- 2017 Thana -VIGILANCE District- PATNA ======================================================

1. Md. Sabahuddin Khan @ Md. Shahabuddin Khan, S/o Late Md. Hayat Khan, Resident of Village- Sahdeo Khap, Police Station- Magadh University, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar Through The Vigilance Investigation Bureau, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar, Adv. For the Opposite Party/s : Mr. Rama Kant Sharma(L.O, I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 7,13(2)r/w Section 13(1)(d)/34 of the Prevention of Corruption Act. Allegation against the petitioner is that he was apprehended while accepting bribe for sending report to the court for release of the seized vehicle. The petitioner is in custody since 09.11.2017. On trap, the petitioner and coaccused- Baij Nath Yadav @ Baidh Nath Yadav were apprehended while accepting bribe.

Submission is that co-accused Baij Nath Yadav @ Baidh Nath Yadav has already been ordered to be

Patna High Court Cr.Misc. No.5235 of 2018 (3) dt.30-03-2018 released in this case by a Coordinate Bench of this Court in Cr.Misc.No.4945 of 2018.

Learned counsel for the Vigilance opposed the prayer for bail.

Considering the nature of allegation, let the petitioner, above named, be released on bail after framing of the charge or completion of six months of custody from today whichever is earlier on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Special Case No.38 of 2017/ Vigilance P.S.Case No.93 of 2017, subject to the 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) Nitesh/- U T