Patna High CourtCR. MISC./5606/2016dismissed

Vijay Kumar Mishra v. The State Of Bihar Through State Vigilance Department Bihar, Patna

2016-03-28Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.5606 of 2016 (2) dt.28-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5606 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -C.B.I CASE District- PATNA ====================================================== Vijay Kumar Mishra son of Late Jai Nandan Mishra, resident of Village Madarpur, Police Station Hazipur Sadar, District- Vaishali, at present Rajswa Karmchari, Anchal Bidupur, District- Vaishali. .... .... Petitioner

Versus

The State of Bihar Through State Vigilance Department Bihar, Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shivendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ramakant Sharma, Law Off. Vig ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Special Case No.37 of 2015 arising out of Vigilance P.S.Case No.87 of 2015 pending in the Court of Special Judge, Vigilance North Bihar, Muzaffarpur for the offences instituted under Sections 7, 8, 13(2) read with 13(1)(D) of the Prevention of Corruption Act.

As per the prosecution case, it is a case of pre-trap and post-trap by the vigilance against the accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The matter relates to trap case. The co-accused is said to have been collecting money on

Patna High Court Cr.Misc. No.5606 of 2016 (2) dt.28-03-2016 behalf of the petitioner and from the possession of the said coaccused 9,000/- is said to have been recovered in the trap. On behalf of the State, it has been submitted that the petitioner is named in the FIR and there is a direction allegation against him for taking bribe.

Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioner on anticipatory bail, the same is rejected.

Anyhow, if the petitioner surrenders in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) B.Kr./- U T