IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37783 of 2008 BHAGWAN SINGH @ BHAGHWAN SINGH Versus STATE OF BIHAR ----------- 3. 10.12.2008 Heard Mr. Bikramdeo Singh, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The petitioner was running a hotel by the side of the G.T. Road. The case relates to the racket in which the petitioner and the District Transport Officer and the Regional Transport Officer were deeply involved. As per the rules/instructions, a truck could be allowed to ply on the road if it pays up certain fee in respect of the overweight which it carries. Every such truck which passes through the G.T.Road appears guided by the instructions of the D.T.O./R.T.O. and The bribe money used to be realized in the hotel of the petitioner and the trucks were to be allowed to ply on the G.T. Road. It appears that a practice was prevailing as per which they had finalized a Code and if any truck driver divulged the Code, as is indicated in the F.I.R. then the R.T.O./D.T.O. would simply verify the payment in that behalf and allow the truck to ply. Thus a system of corrupt practice under a self created system was being followed by the petitioner in connivance with the D.T.O./R.T.O. and others. The contention is that the D.T.O. and R.T.O. have not been sent up and this petitioner is lying in custody since 2.8.2008. Regard being had to the nature of the racket, I am not inclined to direct the release of the petitioner on bail. The petition is - 2 - dismissed. As regards not sending up of the Transport Officers, the court below is directed to peruse the case diary and even if the matter has been kept pending for investigation, pass an appropriate order on the final report which has been submitted in the matter in light of 1995 SC 231 State of Maharashtra Vrs. Sharad Chandra Vinayak Dongre & ors. sudip ( Dharnidhar Jha,J )