Lal Babu Paswan v. The Stat Of Bihar Through The Vigilance.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9540 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- VIGILANCE District- Patna ====================================================== LAL BABU PASWAN Son of Late Kishori Paswan Resident of VillageBhavdipur, P.S.- Riga, Distt- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Vigilance P.S. Case No. 20 of 2020 (Special Case No. 20 of 2020), registered for the offence punishable under Section 7(a) of the Prevention of Corruption Act.

As per the prosecution case, this petitioner was caught red handed while taking bribe and at the relevant time he was Panchayat Secretary.

It is submitted on behalf of the petitioner that petitioner is having clean antecedent and he is in custody since 21.10.2020. Investigation is complete. Similarly situated coaccused has been granted bail by this Court vide order dated

Patna High Court CR. MISC. No.9540 of 2021(2) dt.20-07-2021 2/2 22.06.2021 passed in Cr. Misc. No. 5579 of 2021. Considering the fact that trial is not likely to be concluded in near future, there being no submission on behalf of the Vigilance that the release of the petitioner is in any way likely to result in tampering with evidence and interfering with the course of trial, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge North Bihar, Muzaffarpur in connection with Vigilance P.S. Case No. 20 of 2020 (Special Case No.

20 of 2020), subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.