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Patna High CourtCR. MISC./2586/2023allowed

Pramod Kumar v. The State Of Bihar Through The Additional Director General, Vigilance Investigation Bureau, Bihar,

2023-01-11Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2586 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Pramod Kumar Son of Radhakant Jha R/o Mohalla - Rajeev Nagar, Road No.- 9/B, Near Clinic of Dr. BK Choudhary, P.S.- Rajeev Nagar, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar through the Additional Director General, Vigilance Investigation Bureau, Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nirbhay Prashant, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-01-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 12 of 2022 arising out of Vigilance P.S. Patna Case No. 14 of 2022 lodged under Sections 7(a) of the Prevention of Corruption Act, 1988.

Learned counsel for the petitioner submits that vide order dated 24.11.2022, the bail petition of the petitioner was rejected with liberty to renew his prayer for bail after framing of charge, certain liberty was also granted to the petitioner. Counsel for the petitioner submits that charge has been framed

Patna High Court CR. MISC. No.2586 of 2023(2) dt.11-01-2023 2/3 in this case vide Annexure-5 and next date was fixed on 18.01.2023 for evidence.

Learned counsel for vigilance submits that charge has already been framed in this case and case is fixed for evidence of prosecution witness.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Muzaffarpur in connection with Special Case No. 12 of 2022 arising out of Vigilance P.S. Patna Case No. 14 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall

Patna High Court CR. MISC. No.2586 of 2023(2) dt.11-01-2023 3/3 file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T