Prabhakar Singh v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3041 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -C.B.I CASE District- PATNA ====================================================== Prabhakar Singh, Son of Sri Ram Sagar Singh, resident of village / Mohalla - Sarvodaya Nagar, P.S. Nagar, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiv Sharan For the Opposite Party/s : Mr. Rakesh Kumar Sharma (L.O.,I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-03-2017 Heard Sri Rajendra Narain, learned senior counsel assisted by Mr. Sanjiv Sharan , learned counsel for the petitioner and Sri Rakesh Kumar Sharma, learned AC to Sri Rama Kant Sharma, learned Senior Law Officer for Vigilance Department. This is second attempt for grant of bail. Earlier, prayer for bail of the petitioner was rejected on 19.8.2016 considering the fact that petitioner was apprehended while demanding and accepting bribe amount of Rs. 36,000/- . While dismissing the bail petition considering the fact that in trap case there were limited number of witnesses this Court had directed for early conclusion of the trial. The trial court was directed to take up the matter at least twice in a week. After filing of the present petition vide order dated 8.2.2017 a report was called for from the court

Patna High Court Cr.Misc. No.3041 of 2017 (3) dt.08-03-2017 2/2 below regarding the stage of the case which has been received and kept at flag 'A'. The report indicates that out of 12 witnesses till the date of report four prosecution witnesses had already been examined. The court on the last occasion after noticing inappropriate progress had asked the learned Vigilance Counsel to get specific instruction about the reason for delay. Now learned Vigilance Counsel informs that out of 12 prosecution witnesses eight prosecution witnesses have already been examined. Meaning thereby that trial is almost at its fag end. The court is of the opinion that instead of granting bail it would be appropriate to direct the court below to take all steps so that trial may come to its logical end without any further delay. The prayer for bail again stands rejected. (Rakesh Kumar, J) Praful/- U T