IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46784 of 2008 DR.RAJESHWAR PRASAD SINHA son of Late Gajadhar Prasad Sinha, R/O Village Tilauthu, P.S. Tilauthu, Distt. Rohtas, at present Medical Officer, P.H.C. Baheri, Distt. Darbhanga ---------PETITIONER Versus STATE OF BIHAR THROUGH VIGILANCE ----------- 3. 16.2.2009 A supplementary affidavit has been filed on behalf of the petitioner. Heard the learned counsel for the petitioner and the learned Special P.P. (Vigilance). The offences alleged against the petitioner are under section 7/13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988. The allegation against the petitioner is that he demanded illegal gratification in connection with withdrawal of the loan from the provident fund account of the complainant. The amount demanded by the petitioner and paid by the complainant was recovered from the possession of the petitioner during the post-trap laid by the Vigilance. It is submitted on behalf of the petitioner that the petitioner has been falsely implicated at the instance of his predecessor- in-office, who was posted in the said Primary Health Centre for many many years and on account of his transfer, he arranged the implication of this petitioner and implicated him. As a matter of fact, the application for loan was approved by the petitioner on 5th of August, 2008 and the bill was sent to the Treasury and 2 thereafter it returned back for sending it to the Bank and the assertion that at that stage the petitioner demanded the illegal gratification is absolutely incorrect. It is further submitted that the petitioner is in custody since 12.8.2008. The learned Special P.P. appearing for the Vigilance submits that although the petitioner approved the application of the complainant for withdrawal of the loan from his provident fund account on 5th of August, 2008 and the bill was also sent to the Treasury, but when the bill returned back and was to be sent to the Bank, the petitioner demanded the illegal gratification and the amount in question was recovered from his possession during the post-trap. Considering the facts and circumstances of the case, let the petitioner Dr. Rajeshwar Prasad Sinha be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance (North Bihar), Muzaffarpur, in connection with Vigilance P.S. Case No.51 of 2008/Special Case No.43/08. PNM (Shailesh Kumar Sinha, J.)