IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15373 of 2011 1. BINOY KUMAR SINGH @ VINAY KUMAR SINGH, Son of Late Chandrashekhar Pratap Singh, Resident of Village- Belhar, P.S. Belhar, District- Banka, presently posted at Regional Office, Patna, as Vice President Gammon Indian Limited. 2. Prabhat Ranjan Singh, Son of Late Dilip Singh, Resident of Village- Jagdishpur, P.S. Vijaypur, District- Gopalganj, presently posted at Sherghati Gaya, as project Manager, Gammon India Limited. Versus THE STATE OF BIHAR THROUGH THE DEPARTMENT OF VIGILANGE. ----------- 3 31.05.2011 Heard learned counsel for the petitioners, learned counsel for the Vigilance and the State. The petitioners are accused in a case registered under Sections 7, 9, 10, 13(i) (D) and 13 (ii) of the prevention of Corruption Act, 1988. The petitioner no. 1 is the Vice President of Gammon India Limited and posted at Regional Office, Patna and Petitioner no. 2 is the project Manager of Gammon India Limited posted at Sherghati Gaya. The Gammon India Limited is a public limited company which was awarded a contract of road construction in the District of Gaya. The petitioners were applying to renew of the mining licence which was allowed by this Court in a writ application. The matter is pending before the District Magistrate and contempt has also been filed for violation of the order of this Court. Learned counsel for the vigilance department 2 submits that the petitioners were trying to pay a bribe of Rs. 25,000/- to the officers of the mining department for renewal of the licence. It has been alleged in the prosecution report that the petitioners had kept the money in the pocket for payment. The team raided the room and found Rs. 25,000/- cash hidden under the pillow. Learned counsel for the petitioners submits that this case has been deliberately filed for some oblique purpose, as the petitioners had no need to bribe the officers as there was already an order of the High Court in their favour. The allegation that they were continuing with the mining activity seems unfounded and cannot be considered sacrosanct at this stage of the proceedings. Considering the aforesaid facts, let the petitioners namely, (1) Binoy Kumar Singh @ Vinay Kumar Singh (2) Prabhat Ranjan Singh be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance – 1st Patna in connection with Special Case No. 20 of 2011 arising out of Bodhgaya P.S. Case No. 75 of 2011, Subject to the condition that they should co-operate with the trial of the case. Anand Kr. ( Sheema Ali Khan, J.)