High Court Patna High Court - Orders

Baban Singh vs The State Of Bihar Through Vig on 4 November, 2011

Patna High Court – Orders
Baban Singh vs The State Of Bihar Through Vig on 4 November, 2011
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Miscellaneous No.31173 of 2011
                                            Baban Singh
                                               Versus
                               The State Of Bihar Through Vigilance
                                               -----------

03/ 04.11.2011 Heard learned counsel for the petitioner as well as learned

counsel for the Vigilance.

Petitioner is in jail custody since 1.7.2011 in a vigilance

case registered under section 7(13)/2 read with section 3(i) (d) of the

Prevention of Corruption Act, 1988 on the charge that he was caught

red handed while taking Rs 20,000/- as bribe.

The contention of learned counsel for the petitioner is that

the petitioner was working as Phylaria Inspector and, as a matter of

fact, he had got no power to make compassionate appointment of the

allegation maker and it was the committee who had to appoint the

allegation maker on compassionate ground. So far as recovery of the

aforesaid Rs 20,000/- is concerned, the same was forcibly thrusted

into the hand of the petitioner with a view to trap the petitioner in the

present case.

Taking into consideration the above stated facts and

circumstances as well as period of detention of the petitioner in jail

custody, let the petitioner, Baban Singh, be released on bail on

furnishing bail bonds of Rs 10,000/- with two sureties of the like

amount each to the satisfaction of the Special Judge, Vigilance I,

Patna in Vigilance P.S. Case no. 40/2011 arising out of Special case

no. 35/2011.

      shahid                                       (Hemant Kumar Srivastava,J)