Pradeep Kumar v. The State Of Bihar Through Vigilance Investigation Bureau, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3913 of 2015 Arising Out of PS.Case No. -97 Year- 2014 Thana -VIGILANCE CASE District- PATNA ====================================================== Pradeep Kumar, son of late Harilal @ Harilal Tanti, resident of Kagji Muhalla, P.S. Bihar Sharif, District Nalanda at Biharsharif, the District Provident Fund Officer-cum-National Saving Executive Officer, Sitamarhi. .... .... Petitioner

Versus

The State of Bihar, through Vigilance Investigation Bureau, Bihar, Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jeetendra Narayan, Advocate For the Opposite Party/s : Mr. Rama Kant Sharma (L.O,I/C Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 22-06-2015 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the petition. Heard the learned counsel for the petitioner and the learned counsel for the Vigilance.

The petitioner seeks bail in a case registered for the offence punishable under Sections 7, 13(2) read with Section 13

(1) (d) of Prevention of Corruption Act.

The allegation against the petitioner is to have taken Rs.20,000/- as bribe from Sunil Kumar, which has been recovered from his possession by the Vigilance officials. It is submitted that the petitioner was the District Provident Fund Officer-cum-National Saving Executive Officer, Sitamarhi at the time of occurrence. He has been falsely implicated in this case. However, after investigation, charge sheet

Patna High Court Cr.Misc. No.3913 of 2015 (4) dt.22-06-2015 2/2 has already been submitted and there is no chance of tampering with the evidence. The petitioner is in custody since 10.12.2014 having no criminal antecedent.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance (Trap), Patna in Special (Trap) Case No.77 of 2014 arising out of Vigilance P.S. Case No.97/2014 after framing of charge with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T