IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18844 of 2008 MD.SUHAIL @ MD.SOHAIL Versus STATE OF BIHAT THROUGH VIGILANCE. ----------- 02. 14-5-2008 This is an application for the grant of regular bail in a case under sections 7/13 (2) read with section 13(1)(d) of the Prevention of Corruption Act. Shashi Prakash Jha submitted a petition to the Superintendent of Police, Vigilance Investigation Bureau, Patna alleging therein that his paper in respect of police verification for a passport has been received in the Police Station at Madhepur. It is alleged that for verification Officer Incharge Suhail Ahmad asked for illegal gratification of a sum of Rs.1500/-. So, after verification and observing necessary formalities, a trap was laid. It is alleged that a sum of Rs.500/- was paid and remaining amount was promised to be paid later. Accordingly, a sum of Rs.1000/- was paid to the petitioner who happens the Officer Incharge and was arrested by the vigilance officials and the bribe money was recovered. Learned lawyer for the petitioner submits that petitioner as per annexure-2, proceeded on leave on 12th January, 2008 and returned on 18th January, 2008. So, he submits that the question of demand of illegal gratification for verification of passport during this period did not arise. He submits that the mother of the petitioner is suffering from fracture of hip bone and she is on the death bed. In support of his contention he filed photo stat copy of the prescription Dr. Shatrughan Ram and also the papers of Popular Nursing Home - 2 - showing her admission in the said Nursing Home. He submits that the petitioner has become the victim of circumstance and is in custody from 23rd January, 2008. He, therefore, submits that petitioner be released on bail. Learned lawyer appearing on behalf of the Vigilance submits that petitioner was arrested with the trap money and hence he did not deserve bail. Considering the submissions made on behalf of both sides and the period of detention, petitioner Md. Suhail @ Md. Sohail 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 Ist Additional Sessions Judge cum Special Judge, Vigilance, Muzaffarpur, in Vigilance P S Case No. 8 of 2008 (Special Case No. 4 of 2008). rkp (Anwar Ahmad, J)