Ramchandra Prasad v. The State Of Bihar Through Vigilance Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59217 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- C.B.I CASE District- Bhagalpur ====================================================== Ramchandra Prasad Son Of Late Shital Prasad Resident Of Village - Ramoul, P.S.- Hathoure, Distt.- Samastipur. Presetly Residing At Ward No.11, Baghi, Gandhichauk, P.S.- Lohiyanagar, Distt.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar through vigilance Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivam, Advocate For the Opposite Party/s :

Mr. Arvind Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 10-02-2022 The applicant/accused is given out of turn hearing on the basis of ailment of his mother.

The applicant is accused in Vigilance Case No. 28 of 2021 registered for the offences punishable under Sections 7(a) (c)/12 of the Prevention of Corruption Act. By this application he is seeking his release on bail during pendency of the trial. Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.

The applicant was working as Amin in the office of Land Acquisition Office. It is alleged by the prosecution that the applicant processed the fist payment of rupees five lacs towards compensation payable to the mother of the

Patna High Court CR. MISC. No.59217 of 2021(3) dt.10-02-2022 2/3 complainant. However, for balance payment, he was demanding an amount of rupees twenty five thousand from the complainant. According to the prosecution case, the applicant was caught red handed with tainted currency notes amounting to rupees twenty five thousand.

The investigation of the subject crime is over. The charge sheet has been filed. The applicant is a public servant. Hence, I see no reason to refuse bail to him and therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Vigilance Case No.28 of 2021 be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact

Patna High Court CR. MISC. No.59217 of 2021(3) dt.10-02-2022 3/3 the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Mkr./- U T