Patna High CourtCR. MISC./55957/2018dismissed

Devendra Prasad v. The State Of Bihar Through The S. P. Vigilance, Patna

2018-10-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55957 of 2018 Arising Out of PS. Case No.-1 Year-2013 Thana- VIGILANCE District- Patna ====================================================== Devendra Prasad age about 65 Years S/o Late Shiv Nandan Prasad, R/o Dulari Sadan, Health Institure Road, Beur, Patna. P.S.- Beur , Distt.- Patna. ... ... Petitioner

Versus

The State of Bihar Through The S. P. Vigilance, Patna. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Special case No. 70 of 2013, arising out of Patna Special Vigilance Unit P.S.Case No. 1 of 2013 registered for the offences punishable under Sections 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 and Section 120B of the Indian Penal Code.

Allegation against the petitioner is of disproportionate income by collecting property worth Rs.1,00,30,426/-. Submission of learned counsel for the petitioner is that he has taken a loan of Rs.11 lakhs for construction of house and Rs.32 lakhs along with his son and further Rs.11 lakhs from GPF and he has Rs.70 lakhs as his earning from salary and agriculture income as such it is not a case of disproportionate

Patna High Court Cr.Misc. No.55957 of 2018(4) dt.31-10-2018 2/2 income of the petitioner and he is in custody since 3.8.2018. Heard learned counsel for the Vigilance Department, who has opposed the prayer for bail stating that there is allegation against the petitioner of collecting property worth more than Rs.1 crore by corrupt practices and charge sheet has already been submitted in this case.

Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner at this stage.

However, learned trial court is directed to expedite the trial and conclude it within a period of one year. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T