IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44142 of 2008 RAGHUBANSH KUWAR SON OF LATE RAM EKBAL KUWAR RESIDENT OF VILLAGE MOHADDINAGAR,P.S.MOHADDINAR DISTRICT SAMASTIPUR Versus STATE OF BIHAR THRU.VIGILANCE ----------- 2/ 4.12.2008 Heard learned counsel for the petitioner and learned counsel appearing for the Vigilance. The petitioner is the sole named accused of a case which has been registered for offences under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act,1988. According to prosecution case, a complaint was filed by one Rajesh Kumar against the petitioner alleging therein that the petitioner was realizing illegal money from transporters through his Agents causing loss to the State Government. The petitioner also offered him as his Agent and promised to pay 3 percent commission on collection. The petitioner did not accept the job and made the present complaint. The matter was verified and after verification, the allegation was found to be susbstantial. Thereafter a raiding party was organized. G.C.note memorandum was prepared and as per plan the petitioner was arrested by the member of the raiding party on 24.9.2008 with Rs.50,000/- which were tallied with the notes mentioned in pre-trap memorandum. Submission is that the petitioner has been falsely implicated in this case and he has only one house and that has been explained. The property of the petitioner is not disproportionate as no separate chargesheet has been submitted with regard to that offence. Further submission is that the petitioner was 2 highest revenue earner wherever he was posted and some mafias are behind him. The petitioner is in jail custody since 24.9.2008 and he is not keeping good health as he is suffering from several diseases. The prayer for bail of the petitioner has been opposed by learned Spl.P.P. appearing for the Vigilance who has submitted that the petitioner is not receiving salary from 2006 but in spite of that the recovery of ornaments including golden biscuits are clear indication of his involvement in the offence alleged. That apart, the petitioner has been arrested with bribed money. Considering the fact that the petitioner being the public servant has been arrested with bribed money and also taking into consideration the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Tahir/- ( Shyam Kishore Sharma, J.)