High Court Patna High Court - Orders

Wazain Uddin Ansari vs The State Of Bihar Through Vig on 23 February, 2011

Patna High Court – Orders
Wazain Uddin Ansari vs The State Of Bihar Through Vig on 23 February, 2011
            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
                                         -----------

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/