IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4869 of 2009 SANJAY KUMAR CHOUDHARY Versus STATE OF BIHAR THRU. VIGILANCE. ----------- 04 22.05.2009 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the Vigilance. The petitioner is accused in a case under sections 7 and 13 (2) read with 13(1) (d) of the Prevention of Corruption Act, 1988. The prosecution case is that consignment of SLR and cartridges were received in the District Jail, Biharsharif. On 12.7.2008 on verification it was found that 80 cartridges were missing from the consignment. It is alleged that Officer In charge of Deepnagar police station demanded a bribe of Rs 1 lakh and asked the complainant to make the payment of the bribe in instalment. On 15.7.2008 it was informed by the Central Jail Beur that 80 cartridges were left behind at the Central Jail itself by the carrier. Learned counsel for the petitioner submits that in fact there was no occasion for the Officer In charge to make demand of Rs 1 lakh as bribe, as at the time when the demand was made there was no shortage of cartridges in the consignment and the instant case has been instituted in order to pressurize the petitioner for the reason that the Jailer-complainant had taken loan from the friend of the Officer In charge and the Officer In charge was insisting that the loan should be returned. It is said that just to avoid the payment of loan complainant has instituted the case. Petitioner is in custody since 25.11.2008. Counsel appearing for the Vigilance submits that the - 2 - defence would be considered at the time of trial and as such this court should not grant bail to the petitioner. The petitioner (Sanjay Kumar Choudhary) has remained in custody for a sufficient period of time and as such it is directed that the petitioner (Sanjay Kumar Choudhary) 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 Special case no.63 of 2008 arising out of Vigilance Case no.99 of 2008. shahid (Sheema Ali Khan, J)