IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8210 of 2009 MAHENDRA KUMAR PRIYADARSI S/o late Ram Janm Singh R/o Jivpur, P.S.-Paliganj, Dist.-Patna, at present residing at Vill.-Gajadharchak Gola Road, P.S.-Danapur, Dist.-Patna. Versus STATE OF BIHAR & ANR ----------- 3. 1.7.2009. Heard learned counsel for the petitioner and the Vigilance. The petitioner seeks bail in a case which has been registered under section 7/13(2) read with section 13(1)(d) of the P.C. Act. The petitioner is sole named accused of the case in which there is allegation that he being public servant was nabbed while accepting Rs.2,000/-as a bribe from one Rakesh Kumar. From the allegation it appears that one Rakesh Kumar was having some work of mutation. Petitioner demanded bribe money but Rakesh Kumar was not willing to pay and he informed the Vigilance. A pre-trap memorandum was made and raid was conducted during which the petitioner was apprehended. Post-memorandum trap substantiated the allegation of accepting bribe money by the petitioner. Submission is that there is complete violation of section 297 read with the provisions of the P.C. Act. No affidavited complaint was filed. Still the allegation was entertained. It has also been submitted that there is contradiction between the statements of the members of raiding party. One has stated that recovery was made from his left hand whereas another member stated that recovery was made from right hand. There is third version that recovery was made from his pocket but the pocket of the shirt was not sealed.. So, in fact there was - 2 - no seizure. It has also been submitted that the complainant had no work pending with the petitioner. So, the petitioner had no occasion to demand any money. Learned counsel for the Vigilance vehemently opposed the prayer for bail. The allegation is that the petitioner was found accepting bribe money which was recovered from him. Considering the facts and circumstance of the case, I am not inclined to grant bail to the petitioner, Accordingly, prayer for bail is rejected. However, the petitioner may renew his prayer for bail after one year if the trial is not completed. Md.S. (Shyam Kishore Sharma,J.)