Surendra Pandey v. The State Of Bihar Through Vigilance Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51647 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -VIGILANCE District- PATNA ====================================================== Surendra Pandey son of late Raja Pandey, resident of village Maripur Phulwaria, P.S. Phulwaria, District-Gopalganj at present posted as Sub Inspector of Police, Sadar Thana Hajipur, District-Vaishali. .... .... Petitioner/s
Versus
The State of Bihar Through Vigilance Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Rama Kant Sharma(L.O, I/C Vig.) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Vigilance. Petitioner who is languishing in judicial custody since 07.09.2017 seeks bail in connection with Vigilance P.S. Case No. 71 of 2017 for offences punishable under Sections 8/7/13(2) read with 13 (1)(d) of the Prevention of Corruption Act, 1988. The prosecution case, as lodged by the Vigilance Officials, is that on complaint made against the petitioner who was posted as A.S.I. a trap was made and the petitioner was caught red handed of accepting Rs. 10,000/-.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated by the complainant as well as Vigilance Officials. He bears no
Patna High Court Cr.Misc. No.51647 of 2017 (5) dt.10-01-2018 2/3 criminal antecedent, charge-sheet has already been submitted and he is ready to co-operate in the trial.
However, learned counsel for the Vigilance opposes the prayer for bail stating therein that the petitioner was caught red handed.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Special Judge, Vigilance North Bihar, Muzaffarpur in connection with Vigilance P.S. Case No. 71 of 2017 (Special Case No. 32 of 2017), subject to the conditions that:
(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(2) Petitioner will co-operate in the investigation and provide all papers necessary by the Vigilance Agency and will also appear before the Vigilance Court as and when required
Patna High Court Cr.Misc. No.51647 of 2017 (5) dt.10-01-2018 3/3 and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T