IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13987 of 2008 SUBHASH CHANDRA SINHA Versus THE STATE OF BIHAR THROUGH. VIGILANCE ----------- 04 8-5-2008 This is an application for the grant of regular bail in a case under section 13(1)(d) of the Prevention of Corruption Act. Informant Megh Baran Yadav submitted a petition to the Superintendent of Police,Vigilance Investigation Bureau, alleging therein that he approached the Bank Manager of Madhya Bihar Gramin Bank, Baburbanna Branch, for preparing a Kisan Credit Card for Rs.50,000/- It is said that Subhash Chandra, who was the Branch Manager, demanded a sum of Rs.5,000/- towards illegal gratification for preparing Kisan Credit Card. It is said that the informant disclosed himself to be a poor man and hence the deal was settled at Rs.4,000/-. On the basis of this petition, after verification and observing necessary formalities, a trap was laid. It is alleged that the informant along with the watcher went to the bank and on the direction of the petitioner he handed over a sum of Rs.4, 000/- to Kamlesh Kumar, a Sweeper who delivered the said amount to the petitioner. Thereafter on getting signal the Vigilance Officials swang into action and arrested both the petitioner and the sweeper and recovered the said amount from the hand of the petitioner. Learned lawyer for the petitioner submits that the informant was already holding a Kisan Credit Card and in support of his contention he referred to annexure-2. He submits that when the informant was already holding a Kisan Credit Card, the question of - 2 - issuing another Kisan Credit Card did not arise. He further submits that there were dues of the bank and for that the petitioner put pressure on the informant to pay the dues and on account of that annoyance, informant got the petitioner falsely implicated in this case. He further submits that petitioner is in custody from 10th January, 2008 and hence considering the period of detention the petitioner who as per the allegation has not received the amount from the hand of the informant, be released on bail. Learned lawyer appearing on behalf of the Vigilance submits that trap was laid and money was recovered from the hand of the petitioner. Considering the submissions made on behalf of both sides, petitioner Subhash Chandra Sinha is directed to be released on bail on furnishing bail bond 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. 004 of 2008 (Special Case No. 2 of 2008). rkp (Anwar Ahmad, J)