In an oral order, the High Court of Patna granted bail to the petitioner in a corruption case involving petty offence of taking bribe of Rs. 10,000. Bail was allowed as investigation was completed and further detention not required.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16800 of 2016
===================================================== 1. Mustaque Ahmad Son of Md. Idrish, Resident of Village & P.O. - Sirasi, P.S. - Rauta, District - Purnea. .... .... Petitioner/s Versus 1. The State of Bihar through Vigilance .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Ramakant Sharma (Law Off. Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
2 28-04-2016 Heard learned counsel for the petitioner as well as learned counsel appearing for the Vigilance.
Petitioner seeks bail in a case registered for the offences punishable under Sections 7/13 (2) read with 13 (1) (d) of Prevention of Corruption Act, 1988.
Petitioner is said to have caught red handed taking bribe of rupees ten thousand but submission on behalf of the petitioner is that the present case has been planted by the local Mukhiya as the local Mukhiya pressurized the petitioner to do some illegal work and when petitioner refused to buckle upon the aforesaid pressure, the local Mukhiya got implicated the petitioner in this false case. It is further submitted that petitioner is said to have demanded bribe to send the file of allegation maker but as a
Patna High Court Cr.Misc. No.16800 of 2016 (2) dt.28-04-2016
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mater of fact, all the files had been stopped by the order of District Magistrate.
On the other hand, learned counsel appearing for the Vigilance opposed the prayer pointing out that petitioner was caught red handed.
Petitioner is in jail custody since 27.01.2016 and the investigation against him has already been completed and, therefore, it appears to me that further detention of the petitioner in jail is not required for interrogation.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance Trap-II, Patna in connection with Special Case No. 04 of 2016 arising out of Vigilance P.S. Case No. 10 of 2016.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
2 issues framed by the court
Whether to grant bail to the petitioner in a prevention of corruption case where investigation is completed.
Whether further detention in jail is required for interrogation if investigation is already completed.
1 provisions across 1 enactments
Mustaque Ahmad
The State of Bihar through Vigilance
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
