IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31173 of 2011
Baban Singh
Versus
The State Of Bihar Through Vigilance
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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)