Ziaul Haque Ansari v. The State Of Bihar Through The S.P., Vigilance Investigation Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68624 of 2022 Arising Out of PS. Case No.-37 Year-2022 Thana- C.B.I CASE District- Muzaffarpur ====================================================== ZIAUL HAQUE ANSARI S/o Maqsood Alam Ansari R/v- Parwa, P.S.- Barharia, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar through the S.P., Vigilance Investigation Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 7(a)(c) of Prevention of Corruption Act.

As per allegation in the FIR, petitioner is working in the capacity of Head Clerk in the Circle Office, Hussainganj and allegedly he demanded a bribe of Rs. one lac from the complainant for his work of Parimarjan It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner has not get any wrongful gain. He was not the competent authority to carry out the work of the complainant, and also this fact is evident from the RTI information provided by Collectoriate itself. Specific allegation of demanding bribe is

Patna High Court CR. MISC. No.68624 of 2022(4) dt.17-04-2023 2/2 against the Circle Officer and not against the petitioner. It is further submitted that charge has been framed against the petitioner. Petitioner is a man of clean antecedent. He is languishing in judicial custody since 23.07.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance, Muzaffarpur in connection with Special Case No. 23 of 2022, arising out of Vigilance (Patna) P.S. Case No. 37 of 2022 subject to condition that petitioner will undertake that trial/investigation will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (Sunil Kumar Panwar, J) sushma/- U