IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2507 of 2009 NIRAJ KUMAR son of Sri Uepndra Prasad, resident of village & P.O.- Hussaini, P.S.- Dumaria Ghat, Via- Kesharia, District- East Champaran at MOtihari. Versus STATE OF BIHAR ----------- 2 09.02.2009 Heard learned counsels for the petitioner and the Special P.P. appearing for the Vigilance. The offence alleged is under sections 8, 7, 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. The allegation against the petitioner is to the effect that while working in the office of the District Superintendent of Education, he demanded and accepted the illegal gratification for getting the appointment of the complainant Dhanesh Kumar on the post of Teacher on compassionate ground. It is submitted that since the claim of compassionate appointment of the said Dhanesh Kumar was earlier rejected, and as such, there could be no occasion for demanding the illegal gratification of his appointment on compassionate ground. Accordingly, the petitioner is innocent and deserves to be granted bail. Learned Special P.P. appearing for the Vigilance submits that there is specific allegation of 2 demand of illegal gratification of rupees six thousands in different denominations and later on a trap was held and the petitioner was found to be accepting the amount of rupees six thousands in different denominations. Thereafter the hand of the petitioner was put inside the chemical which resulted in positive response, and as such, petitioner is not entitled to be granted bail. Considering the facts and circumstances of the case, I am no inclined to enlarge the petitioner on bail. His prayer for grant of bail is, accordingly, rejected. Manish/- ( Shailesh Kumar Sinha,J.)