Dr. Jitendra Gupta v. The State Of Bihar Through Vigilance Investigation Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32273 of 2016 Arising Out of PS.Case No. -67 Year- 2016 Thana -C.B.I CASE District- PATNA ======================================================

1. Dr. Jitendra Gupta Son of Shri Bhagwati Prasad Gupta R/o Maharajpur Tahsil Jasrana, P.S.- Ekka, District- Firojabad (U.P.) at present, SubDivisional Officer, Mohaniya, P.S.- Mohaniya, District- Kaimur. .... .... Petitioner/s

Versus

1. The State of Bihar Through Vigilance Investigation Bureau, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Ramakant Sharma (Law Off. Vig) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner as well as learned Senior counsel, Mr. Ramakant Sharma, appearing for the Vigilance.

Petitioner seeks bail in a case registered under Sections-7, 8, 13(2) read with 13(1) of Prevention of Corruption Act, 1988.

Petitioner was posted as S.D.O. Mohania at the relevant time and it is alleged that the private driver of the petitioner demanded Rs. 80,000/- from the allegation maker to get his vehicle released. The allegation maker made complaint and on the basis of his complaint, a trap team was constituted and subsequently, the aforesaid driver was caught red handed taking bribe of Rs. 80,000/- from the allegation maker.

Patna High Court Cr.Misc. No.32273 of 2016 (2) dt.09-08-2016 2/2 Submission on behalf of petitioner is that there is nothing on record to show that any demand was made by the petitioner or he accepted the bribe money. It is further submitted that the petitioner has become a prey of official rivalry and, is languishing in jail custody since 13-07-2016. It is further contended that the petitioner is ready to cooperate with the investigating officer and, shall make him present before the investigating agency whenever and wherever, his presence is required.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Special Case No. 34 of 2016 arising out of Vigilance P.S. Case No. 67 of 2016 to the satisfaction of learned Special Judge, Vigilance-Ist, Patna subject to condition that the petitioner shall cooperate with the investigating officer and he shall make him present without any fault before the investigating agency whenever and wherever his presence is required. (Hemant Kumar Srivastava, J) A.K.V./- U T