IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2366 of 2011 WAZAIN UDDIN ANSARI, SON OF NAZRINUDDIN ANSARI, RESIDENT OF FLAT NO. 203 INDRAPURI COLONY, P.S. SHASTRINAGAR, DISTRICT PATNA---------------------------------------------------------------------PETITIONER Versus THE STATE OF BIHAR THROUGH VIGILANCE---------------OPP. PARTY ----------- 2. 23.02.2011 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner being the District Transport Officer is apprehending his arrest in a case registered under Sections 7,8 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. It is alleged in the F.I.R. that some vehicle owner was making bargaining in the office of the petitioner when the petitioner demanded Rs.5000/-. Subsequently one Homeguard person entered into the chamber and on his request the petitioner reduced the demand by Rs.500/-. With aforesaid accusation the F.I.R. was lodged on 14.10.2009. It appears that subsequently the vigilance came out with a plea that from a Ambassador Car, which was there for the use of the petitioner, Rs. 1,67,500/- was recovered. The said petition was filed before the Officer- in-Charge, Vigilance P.S. on 13.10.2009. 2 Learned counsel for the petitioner submits that, in fact, nothing precluded the informant to led a trap on 14.10.2009 when the money was demanded. Moreover, the subsequent accusation leveled by the vigilance appears to be malicious in nature since the vigilance found that the initial F.I.R. actually constitutes no substantive offence. Learned counsel for the vigilance submits that during enquiry it was found that the petitioner used to collect huge amount of money from the vehicle owners and subsequently money was recovered from the vehicle, which was found near the office of the petitioner and it was to be used by the petitioner. Considering the nature of accusation, which does not inspire confidence, let the petitioner Wazain Uddin Ansari, in the event of his arrest or surrender in the court below, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance I, Patna, in Vigilance Special Case No. 74 of 2009, arising out of Vigilance Police Station Case No. 99 of 2009, 3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Any observation made in this order will be limited for the purposes of bail only. (Dinesh Kumar Singh,J.) Spal/