The Patna High Court rejected the petitioner's bail prayer pending the framing of charges in a corruption case under Section 13 of the Prevention of Corruption Act, 1988.
Bail prayer rejected pending framing of charges; to be renewed after charges are framed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8408 of 2018
Arising Out of PS. Case No.-114 Year-2017 Thana- VIGILANCE District- Patna
======================================================
Satyendra Tiwary @ Satyendra Kr. Tiwary, Son of Jagdish Tiwari, Resident of Village Dumra, P.S. Sitamarhi, District Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar through Vigilance
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. RAMA KANT SHARMA(L.O, I/C VIG.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 12-02-2018
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Special Case No.48 of 2017, arising out of Vigilance P.S. Case No.114 of 2017, registered under Sections 7, 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988.
Allegation in brief is that the petitioner, an Additional Public Prosecutor, in Vigilance Court made a demand of Rs.21,000/- from the accused of a case in which he was conducting the case of the prosecution and apprehended by the vigilance team after receiving the money.
Learned counsel for the petitioner submits that the petitioner has already been removed from the service and he is in custody since 21.12.2017.
Patna High Court Cr.Misc. No.8408 of 2018(2) dt.12-02-2018 2/2
Learned senior counsel for the vigilance submits that charge-sheet has been submitted.
Having considered the said facts and circumstances, the prayer of bail of the petitioner is rejected at present in connection with Special Case No.48 of 2017, arising out of Vigilance P.S. Case No.114 of 2017, pending in the court of learned Special Judge, Vigilance, North Bihar, Muzaffarpur.
However, the petitioner may renew his prayer of bail after framing of charge.
(Arun Kumar, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in the present stage of the trial under the Prevention of Corruption Act, 1988.
Satyendra Tiwary @ Satyendra Kr. Tiwary
The State of Bihar through Vigilance
ARUN KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
