Allowed

Sri Kant Prasad @ Sri Kant Kumar v. The State Of Bihar Through Vigilance, Patna.

Patna HC28 May 2014CR. MISC./17340/2014

Case brief

AI extract

What is this about?

This order grants bail to Assistant Engineer Kant Prasad, arrested under the Prevention of Corruption Act. The High Court directed his release given his lack of criminal antecedents and the fact that a co-accused caught red-handed was already granted bail.

What did the court decide?

Released on bail upon executing a bond of Rs. 25,000 with two sureties of the like amount.

Sri Kant Prasad @ Sri Kant Kumar Vs The State Of Bihar Through… — Corruption | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17340 of 2014

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====================================================== Sri Kant Prasad @ Sri Kant Kumar, Son of Ram Pujan Ram, the Assistant Engineer, Electric Sub-Division, Nath Nagar, Bhagalpur. .... .... Petitioner Versus The State of Bihar Through Vigilance, Patna. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Siddharth Harsh, Advocate For the Vigilance : Mr. Ramakant Sharma, [L.O.(I/C Vig.)] ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 28-05-2014 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the Vigilance Department.

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The petitioner seeks bail in a case registered for offences punishable under Sections 7/13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.

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Allegedly for installing commercial electricity connection for running a flour mill, the petitioner demanded bribe which after verification by vigilance authority was found true and thereafter trap was organized and co-accused who is Junior Engineer was caught red handed with bribe amount.

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Submission at the Bar is that as soon as application

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was filed the petitioner endorsed the same before the Junior Engineer for report, he has not made any delay nor he has demanded anything but being a higher authority he has been implicated, co-accused who

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Patna High Court Cr.Misc. No.17340 of 2014 (2) dt.28-05-2014

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was caught red handed has already been allowed bail by another Bench of this Court vide Criminal Miscellaneous No. 3459 of 2014 by order dated 27.01.2014, the petitioner has moved pre-arrest bail and this Court vide Criminal Miscellaneous No. 49334 of 2013 by order dated 06.03.2014 has been pleased to observe that prayer of regular bail of the petitioner shall be considered by the Court below at the appropriate stage but the same has not been considered and prayer of bail had been refused resulting that the petitioner is suffering in custody since 20.03.2014 having no criminal antecedent. The learned Special Public Prosecutor opposes the prayer of bail by submitting that the petitioner is the king pin.

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Having regard to the facts and circumstances of the case and noticing that co-accused who had been caught red handed has already been allowed bail and the petitioner by remaining in custody has now been sufficiently penalized and as such the petitioner, namely, Sri Kant Prasad @ Sri Kant Kumar is also directed to be released on bail on execution of bond of Rs. 25,000/(twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, 2^nd , Patna, in connection with Vigilance P.S. Case No. 64 of 2013 (Special Case No. 21 of 2013) with the following conditions:

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The petitioner shall not influence the witnesses or tamper with any document;

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Patna High Court Cr.Misc. No.17340 of 2014 (2) dt.28-05-2014

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The petitioner shall not leave the limits of India without prior permission of the trial court;

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The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the court;

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The petitioner shall not do any act prejudicial to the interest of the prosecution;

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The petitioner shall receive the police report and other documents in terms of Section 207 of the Code of Criminal Procedure as and when the same is supplied to him by the court;

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The petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move this Court for cancellation of bail.

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(Jitendra Mohan Sharma, J.)

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Sanjay/-

Sri Kant Prasad @ Sri Kant Kumar v. The State Of Bihar Through Vigilance, Patna.

Case brief

What is this about?

What did the court decide?

Sri Kant Prasad @ Sri Kant Kumar v. The State Of Bihar Through Vigilance, Patna.

Case brief

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What did the court decide?

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