IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17269 of 2009 Satish Kumar, son of Sri Ram Babu Rai, Resident of Mohalla Padarath Lal Road, Danapur, P.S.-Danapur, District- Patna. . . . . . . Petitioner. Versus THE STATE OF BIHAR THROUGH VIGILANCE ----------- 2/ 22.05.2009 Heard learned counsel for the petitioner and the learned counsel for Vigilance. The petitioner is one of the two named accused in a case which has been registered for the offences under Sections 7/8/13(2) read with Section 13(1) (d) of the Prevention of Corruption Act. Informant Amod Kumar Singh was having a brick-klin at Jahangirpur. His tractor loaded with bricks was seized by two Commercial Tax Officers, who, later on, demanded Rs. 10,000/- as bribe for release of the tractor. The complaint was lodged, which was verified and pre trap memorandum was prepared and this petitioner and other accused Raj Kishore Sah, Commercial Tax Officer were apprehended. Submission is that Raj Kishore Sah was the public servant and the petitioner is working as his private Munsi. Petitioner is not a public servant and Raj Kishore Sah has already been granted bail, as no sanction was received at the time of cognizance. The petitioner is not a public servant and is still in custody since 20.02.2009. Learned counsel appearing on behalf of Vigilance opposed the prayer for bail of the petitioner and has submitted that the bail of Raj Kishore Sah, who is a public servant, was granted due to default and for that latches, the petitioner could not be released on bail. The fact remains that public servant, who was mainly responsible for the offence, has been granted bail. - 2 - Considering the facts and circumstances of the case, petitioner, named above, is directed to 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 learned Special Judge for Vigilance Case, Patna in connection with Special Case No. 05 of 2009 arising out of Vigilance P.S. Case No. 12 of 2009. Uday/ (Shyam Kishore Sharma, J.)