IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11656 of 2008 LAKSHMAN PRASAD YADAV Versus STATE OF BIHAR THRU. VIG. ----------- 2. 19.5.2008 This is an application for grant of regular bail in a case under sections 7, 12, and 13 of the Prevention of Corruption Act. The informant, who is an I.P.S. Officer and was posted as Assistant Superintendent of Police, Sasaram, was going to Chenari Police Station for supervising a murder case. He found a truck carrying excessive load of sand. So, he rushed to Sheosagar Police Station for taking action against the said vehicle. When he went inside the police station he saw a person counting money and two persons were lying in the room and one person was looking after him. It is alleged that the person who was counting money was Sub. Inspector of Police, who is petitioner here, and another person was Anil Prasad Gupta @ Anil Sah. It is alleged that Anil Prasad Gupta disclosed that he had given illegal gratification of Rs.5,000/- to the Sub. Inspector of Police. Therefore, the informant arrested the petitioner with a sum of Rs.5,000/- and also arrested Anil Prasad Gupta. Learned counsel for the petitioner submits that it was Anil Prasad Gupta, a co-accused, who disclosed that he had given the said amount of Rs.5,000/- to the petitioner, who is Sub.Inspector of Police, for release of two persons but this Anil Prasad Gupta in his statement before the investigating officer did not make such statement. So, the allegation that the petitioner was counting illegal gratification is not supported by him. He further submits that the petitioner is in custody 2 since 13th October, 2007. He, therefore, prays for grant of bail. Learned counsel appearing for the Vigilance submits that the petitioner, who is a Sub. Inspector of Police, was arrested by the informant, who is an I.P.S. officer, while he was counting the amount of Rs.5000/- received as illegal gratification from the co-accused Anil Prasad Gupta and hence the petitioner does not deserve bail. Considering the submissions made on behalf of both sides and the period of detention, the petitioner, Lakshman Prasad Yadav, 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 Special Judge, Vigilance (Trap), Bihar, Patna, in connection with Special Case No.78 of 2007 arising out of Sasaram P.S.Case No.130 of 2007. Md.S. (Anwar Ahmad)