Binda Ram v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37289 of 2018 Arising Out of PS.Case No. -13 Year- 2018 Thana -VIGILANCE District- PATNA ====================================================== Binda Ram, S/o Sri Bilat Ram, R/o Vill.- Asthipur, P.S.- Sadar, DistrictVaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Additional Director General of Police, Vigilance, Bihar, Patna.
3. The Inspector General of Police, Vigilance, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Adv. For the Vigilance : Mr. Ramakant Sharma, Sr.Adv. Mr. Santosh Kumar Pandey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned counsel representing the Vigilance Investigation Bureau. The petitioner, in the present case, is seeking regular bail in connection with Special Case No. 08 of 2018, arising out of Vigilance Case No.13 of 2018, registered for offences alleged under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.
Learned counsel for the petitioner submits that the petitioner has been made accused in the present case when he was arrested while accepting the bribe of Rs. 65,000/- from the informant. The petitioner happens to be the Block Education
Patna High Court Cr.Misc. No.37289 of 2018 (2) dt.28-06-2018 Officer, Pakridayal in the District of East Champaran and the complainant was in-charge Headmaster. The allegation is that while the complainant was illegally transferred from one school and was made in-charge headmaster of another school he did not join and for that reason his salary was withheld. Allegation is that when the complainant approached the petitioner for payment of due salary no action was taken and thereafter for purpose of sending absentee details the petitioner demanded illegal gratification.
Learned counsel for the Vigilance Investigation Bureau has appeared and submitted that the investigation in the present case has been completed and the charge-sheet has already been submitted in the Special Court of Vigilance, North Bihar, Muzaffarpur.
Considering the facts and circumstances of the case particularly that the investigation in the present case is said to have been completed and the charge-sheet has already been submitted in the court below, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Court, Vigilance, North Bihar, Muzaffarpur in connection with Special Case No.08 of 2018,
Patna High Court Cr.Misc. No.37289 of 2018 (2) dt.28-06-2018 arising out of Vigilance Case No. 13 of 2018, subject to the conditions U/S 437(3) Cr.P.C. and further condition that the petitioner shall cooperate in course of trial by putting appearance in the court below as and when the date is fixed in the matter. Two consecutive defaults in putting appearance in the trial shall lead to cancellation of his bail bond by the court below. (Rajeev Ranjan Prasad, J) Arvind/- U T