Umesh Prasad v. The State Of Bihar, Through CBI, Acb, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70103 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- C.B.I CASE District- Patna ====================================================== UMESH PRASAD Son of Late Dwarika Prasad R/O- Lane - 2 Vijay Nagar, P.S.- Rukanpura, District - Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar, Through CBI, ACB, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Adv.
Mr. Hemant Kumar For the Opposite Party/CBI:
Mr. Rana, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard Mr. Ramakant Sharma, learned senior counsel for the petitioner and learned counsel for the C.B.I. Petitioner seeks regular bail in connection with Spl. Case No. 05 / 2021 arising out of RC 7 (A) 21 dated 2.08.2021 registered for the offence under Section 7 of the Prevention of Corruption Act , 1988 (Amended).
Petitioner has been arrested red handed while accepting a bribe of Rs. 10,000/- Learned senior counsel for the petitioner submits that complainant has alleged that he is having Account in the SBI, Chapra Bazar Branch, Chapra and runs LPG distributorship. The petitioner is Intelligence Officer of Central G.S.T. and
Patna High Court CR. MISC. No.70103 of 2021(2) dt.24-05-2022 2/3 there is no occasion for the petitioner to demand bribe and payment made to him by the complainant merely because the petitioner wrote a letter to the complainant regarding enquiry to be held by the petitioner.
On the other hand, learned counsel for the CBI vehemently opposes the prayer for bail and submits that on the basis of unauthorized letter the petitioner has accepted bribe of Rs. 10,000 /- and charges have already been framed. Regard being had to the submissions made by the parties, taking into consideration the material on record, the fact that petitioner is in custody since 03.08.2021, charges have already been framed and there is no apprehension that petitioner will abscond or tamper with the evidence, as such, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- (twenty five thousand ) with two sureties of the like amount each to the satisfaction of learned Spl. Judge , CBI-II, Patna in connection with Spl. Case No. 05 / 2021 arising out of RC 7(A) 21 dated 2.08.2021 on the following condition:- (a) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the
Patna High Court CR. MISC. No.70103 of 2021(2) dt.24-05-2022 3/3 petitioner, his bail bond shall liable to be cancelled. (Anil Kumar Sinha, J) praful/- U T