IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2135 of 2011
ARJUN KUMAR SINHA, SON OF LATE CHANDRIKA PRASAD
Versus
THE STATE OF BIHAR THROUGH VIG
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03 26.03.2011 Supplementary affidavit is filed on behalf of the
petitioner.
Heard learned counsel for the petitioner as well as
learned Special Public Prosecutor for Vigilance.
Allegedly, petitioner was caught red handed taking
five thousand rupees as bribe for sending the advisory note of the
beneficiaries of Indira Awas Yojna to the concerned bank.
The contention of learned counsel for the petitioner
is that the petitioner had already sent the aforesaid advisory note
to the concerned bank on 23.08.2010 and the cheque in respect of
the advisory note had already been prepared by the concerned
bank on 04.09.2010 and, therefore, the question of demanding
bribe for sending the advisory note does not arise. It is also
pointed out by him that the petitioner has been framed by
allegation maker at the instance of one Kamal Nath Singh against
whom the petitioner had already filed a complain.
On the other hand, learned Special Public
Prosecutor appearing for Vigilance points out that prior to
institution of the case, the petitioner had been caught in
connection with another case in which he was found taking bribe.
So, the conduct of the petitioner is not satisfactory. It is also
pointed out by him that the bribed amount has been recovered
from possession of the petitioner.
2
Taking into consideration the above stated facts
and circumstances of the case as well as previous conduct of the
petitioner, I do not feel it proper to release him on bail.
Accordingly, his prayer for bail in connection with Vigilance P.S.
Case No. 66 of 2010 pending in the court of learned Special
Judge, Vigilance, Muzaffarpur, stands rejected.
However, learned trial Judge is directed to
conclude the trial of the petitioner within nine months from the
date of receipt of this order and if the trial of the petitioner is not
concluded within the above stated period, the petitioner may
renew his prayer for bail. I hope and believe that vigilance should
produce the evidence in course of trial in time and also give
proper co-operation to the trial Judge so that the trial Judge may
conclude the trial of the petitioner within the above stated period.
Shahzad ( Hemant Kumar Srivastava, J.)