Dr. Sadashiv Pandey v. The State Of Bihar Through The Additional Director General, Vigilance Investigation Bureau, Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9770 of 2018 Arising Out of PS.Case No. -86 Year- 2017 Thana -VIGILANCE District- PATNA ====================================================== Dr. Sadashiv Pandey, In-charge Medical Officer, Primary Health Centre, P.S.- Simri, District- Buxar, Son of Late Bibhash Pandey, Resident of Village+P.O.+P.S.- Bath, District- Bhagalpur. .... .... Petitioner

Versus

The State of Bihar Through The Additional Director General, Vigilance Investigation Bureau, Bihar, Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Rama Kant Sharma(L.O, I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-02-2018 Heard learned Counsel for the petitioner and the State as also the learned Counsel appearing on behalf of the informant. Petitioner, already in custody, seeks bail in Vigilance PS Case No. 86 of 2017 registered under Sections 7/13(2) read with Section 13(1)(d) of the P.C.Act.

The allegation in brief is that the petitioner, a Medical Officer Incharge, made a demand of ten thousand rupees for transfer of Asha Worker to her favourite place and apprehended by vigilance team accepting the money.

Learned Counsel for the petitioner submits that the petitioner did not find the work of said Asha Worker, Ranjana Devi, satisfactory so he recommended for her removal to the appointing authority, the Mukhiya, by letter dated 3.7.2017, so being aggrieved the present complaint was lodged by a co-villager set up by the Asha Worker making allegation of demand of illegal gratification. Moreover Ranjana Devi, the Asha Worker, has not been examined by the investigating agency nor she has been cited as a charge-sheet witness and the petitioner is in custody approximately for the last

Patna High Court Cr.Misc. No.9770 of 2018 (2) dt.20-02-2018 four months and investigation is complete.

Having considered the said facts and circumstances, the petitioner, namely, Dr. Sadashiv Pandey is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance, lst, Patna in connection with Vigilance PS Case No. 86 of 2017 (Special Case No. 346 of 2017).

(Arun Kumar, J.) Snkumar/- U T