IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2366 of 2011
WAZAIN UDDIN ANSARI, SON OF NAZRINUDDIN ANSARI, RESIDENT OF
FLAT NO. 203 INDRAPURI COLONY, P.S. SHASTRINAGAR, DISTRICT
PATNA---------------------------------------------------------------------PETITIONER
Versus
THE STATE OF BIHAR THROUGH VIGILANCE---------------OPP. PARTY
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2. 23.02.2011 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner being the District Transport Officer is
apprehending his arrest in a case registered under Sections
7,8 and 13(2) read with Section 13(1)(d) of the Prevention
of Corruption Act.
It is alleged in the F.I.R. that some vehicle owner
was making bargaining in the office of the petitioner when
the petitioner demanded Rs.5000/-. Subsequently one
Homeguard person entered into the chamber and on his
request the petitioner reduced the demand by Rs.500/-.
With aforesaid accusation the F.I.R. was lodged on
14.10.2009. It appears that subsequently the vigilance
came out with a plea that from a Ambassador Car, which
was there for the use of the petitioner, Rs. 1,67,500/- was
recovered. The said petition was filed before the Officer-
in-Charge, Vigilance P.S. on 13.10.2009.
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Learned counsel for the petitioner submits that, in
fact, nothing precluded the informant to led a trap on
14.10.2009 when the money was demanded. Moreover, the
subsequent accusation leveled by the vigilance appears to
be malicious in nature since the vigilance found that the
initial F.I.R. actually constitutes no substantive offence.
Learned counsel for the vigilance submits that during
enquiry it was found that the petitioner used to collect huge
amount of money from the vehicle owners and
subsequently money was recovered from the vehicle,
which was found near the office of the petitioner and it was
to be used by the petitioner.
Considering the nature of accusation, which does not
inspire confidence, let the petitioner Wazain Uddin Ansari,
in the event of his arrest or surrender in the court below, be
released on bail on furnishing bail bond of Rs.10,000/-
(Rupees ten thousand) with two sureties of the like amount
each to the satisfaction of Special Judge, Vigilance I,
Patna, in Vigilance Special Case No. 74 of 2009, arising
out of Vigilance Police Station Case No. 99 of 2009,
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subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure.
Any observation made in this order will be limited
for the purposes of bail only.
(Dinesh Kumar Singh,J.)
Spal/