IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22640 of 2009 DILIP KUMAR SON OF LATE YAMUNA PRASAD RESIDENT OF MOHALLA MOHADDI NAGAR,P.S.BIHARSHARIF,DISTT.NALANDA AT PRESENT POSTED AS FREST RANGER OFFICER,LAKHISARAI Versus STATE OF BIHAR THRU.VIG. ----------- 2/ 7.8.2009 Heard learned counsel for the petitioner and learned counsel appearing for the Vigilance. The petitioner seeks bail in Vigilance Case No. 41 of 2009 which has been registered for offences under Sections 409 and 120B of the Indian Penal Code and under Section 7/13(2) read with Section 13(1)/D of the Prevention of Corruption Act. Allegation is that the petitioner who is Forest Ranger Officer, Lakhisarai had demanded Rs.9,00,000/- along with Rs.5,000/- per month from the complainant and as the complainant was not in a position to give the said amount, he made a complaint with the Vigilance. The Vigilance deputed a verifier for verification who submitted the report after finding the allegation to be true. Accordingly a trapping team was organized, prepared pre-trap memorandum. It mentions the numbers of notes which were to be tendered to the petitioner. The petitioner was arrested while he was receiving Rs.75,500/-cash from the complainant. His hands were washed and the colour of water changed into pink. A search cum-seizure list was prepared and a copy of which was given to the petitioner. Submission is that as the complainant was found running an illegal Saw Mill, the petitioner had taken strong action against him 1.4.2009 and due to that the petitioner has been falsely implicated in this case on 22.4.2009. Further submission is that the recovery of money was not from the person of the petitioner, it was recovered from the table which were scattered there. The complaint was filed without affidavit which is also violation of the provision of the Prevention of Corruption Act. The fact remains that the petitioner was arrested while he was receiving bribe money and the said currency notes were found to be the same which were mentioned in the pre-trap memorandum. Considering all these, presently I am not inclined to grant bail the petitioner. Accordingly, his prayer for bail is rejected. However, the petitioner may renew his prayer for bail before the court below if the trial is not concluded within one year. Tahir/- ( Shyam Kishore Sharma, J.)