Zahir Alam v. The State Of Bihar Through The Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4349 of 2017 Arising Out of PS.Case No. -349 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ====================================================== Zahir Alam, son of late Habibur, resident of Eqbal Colony, Paschim Paali, P.S. and Distt. Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Firoz Ahmad, Advocate. For the Opposite Party/s : Mr. Ramakant Sharma, (L.O.,I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Kishanganj P.S. Case No. 349 of 2016, Special Case No. 28 of 2016 instituted for the offence under Sections 7, 8 and 9 of P.C. Act. The written report has been filed by the Circle Officer, Kishanganj, making allegation that one news item was published in Dainik Jagran on 6.8.2016 that petitioner was charging money from the person for supplying caste certificate, LPC etc. whereas no charge is required to be paid for such service. The informant has enclosed the CD provided by the Press Reporter of Dainik Jagran namely, Mobid Hussain along with the written report. Petitioner is said to be the Clerk in Circle Office, Kishanganj.

From the written report itself it appears that the First

Patna High Court Cr.Misc. No.4349 of 2017 (3) dt.28-02-2017 2/2 Information Report has been lodged on the basis of news item published in the Dainik Jagran. From perusal of the case diary, it appears that no any witnesses have seen charging or taking the money for supplying the certificates. The petitioner is said to be in custody since 19.1.2017. It is mentioned in paragraph-3 that the petitioner has no criminal antecedent.

Learned counsel for the vigilance has opposed the prayer for bail and stated that the witnesses had seen throwing the money by saying 'Sorry Sorry'

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-II, Patna, in connection with Kishanganj P.S. Case No. 349 of 2016, Special Case No. 28 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T